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Mar ^ j ^ 



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CLAIMS 



y 



On the United-States, 



J5Y TBB 




RECEIVE!.;. 



w 



ate Contractor for the State of NeuhYerk, ^c- 



FOR SERVICES DURING THE 



ZiATE WAH. 



"i , J 



WEW-TORK, 

1824. 






; -'illl^- 



A 



By transtai 
DEC 30 1915 



S'MTE.ODUCTI©N. 



. When, cldims to a lar^c a mnunt arc placed in ap- 
peal befoii: the President and Heads of Department, they 
necesi.ari] ij call for the exautmation of a vwltiplicity of 
documents, ichicli, ic'tcnin 'manuscript, a //pear tedioirs, 
and arc read irith great difjicultif by the Tribunal to 
ichom appeals are made. Nor will the other important 
concerns of the executive Department admit of time for 
the satisfactory perusal of a mass of separate vouchers 
andjiapers. 

With a sincere desire to give the Government all 
the information relating to his claims, the present claim- 
ant has been induced to place before the proper Iribunal 
his case in its present shape. In the exercise of that li- 
berty ichich belongs to every independent mind, he has 
made such notes and remarks on other documents as 
have an immediate bearing on his claims, as the necessi- 
ty of his defence required. 

In our defence, we may be allowed to express our wrongs 
with honest indignation, especially if principles are set up 
in bar of our Just rights ; and opposed, as we believe, to eve- 
ry maxim of laio and reason. The mistakes of the 3d Jiudi- 
tor may be excused, but to attempt to invalidate a contract and 
principles establishedin a former settlement, is an abuse of pow- 
er, that immediately concerns the nation'' s honor and the peace 
of society. Tlie present chnmant, however, disclaims any dis- 
respect to the authorities of Government, or any considera- 
tions but those of personal regard to the Accounting Officers. 
Every person is interested in all pecuniar i/ claims 
upon tlie United States, and as each contributes a portion 
to the national treasure, so every citizen must rejoice in 
the administration of strict and impartial justice, in 
whatsoever relates to tlie distribution of tlie public funds. 



These Documents, Correspondtnce and Remon- 
strance, icere not commenced or printed icith any view 
of being placed before Congress or the public, except 
only, in an. eventual appeal to that august body 
for a redress of grievance fi'om the decisions of the Ac- 
counting Officers of the 2\- easury Dcpartmrnt. This is 
the right of the humblest citizen as exercised in the nn-gf. 
arbitrary governments. And under the peculiar circi; in- 
stances of the present case, should the claimant br d risen 
to seek for justice to fhehighest Tribunal prescribi J by tit a 
Constitution, althd' he might reasonably complain — stilt 
he only regrets the delay which has resulted in the loss of a 
session of Congress. But as the geyitleman who now pre- 
sides over the War Department has declared he tciU de- 
cide, and decide promptli/ on all the claims and that the 
present claimant should receive the benefit of every decis- 
ion as granted to others in similar cases ; the undersigned 
rests his cause tcith perfect co}ifidence of receiving 
fioenttial iustice. 



REMONSTRANCE, &c 



The undersigned, late Contractor for the supply of 
the Troops and Armies of the United States during 
the late war, having suffered many grievances, in conse- 
quence of that rule of justice and equity being withheld 
from him, which is believed to have been administered 
to others by the proper department, is now compelled to 
make known, in a solemn and condensed form, his man- 
ifold wrongs, and to appeal for redress to the well-known 
justice of the Government, under the decisions, laws 
and Constitution of his country. 

And notwithstanding the presumed popularity of the 
third Auditor, who has rejected his claims or referred 
them to the second Comptroler, the undersigned will fear- 
lessly and positively declare, before God, his country and 
the world, that the third Auditor has been guilty of 
manifest perversion, in his construction of the Law and 
the Contracts, of misstatement of facts, and is false in 
his premises and principles, and erroneous in his arith- 
metical statements. 

That he has assumed dictatorial powers in equity, 
which alone have been exercised and belong of right to 
the War Department, or to Congress. — (Sec note a.) 

That he has denied, that the casks and packages have 
been paid for by the United States, in the settlement of 



Contractors' accounts, when the facts are fully recorded 
that for troops on the march, or on board of transports, 
casks and packages have been always paid for at a fair val- 
uation. — (b.) 

He denies to tlie claimant a general principle in- 
volving the payment of casks in past cases as not apjili- 
cable to the present, differing only in the amount of the 
claim. — (b.) 

That when packages have been captured by the ene- 
my, or destroyed by the troops of the United States — 
which packages and boxes are requisite and necessary for 
the transportation of the provisions, he denies that they 
should be paid for, when the sixth article of the contract 
expressly provides for the payment. — (b.) 

He denies to the present claimant the same jus- 
tice and equity that has been granted by an original and 
gpneral decision of the War Department, dated October 
13, 1814, granting pay for casks and packages to anoth- 
er claimant. — (b.) 

He allows no validity to the decision of the Honoi'- 
f^ble Secretary of War, of 27th January, 1816, directing 
in general terms the accounting officers to grant all con- 
tractors' claims for requisitions made on the contractors^ 
which requisitions were not authorized by the contract. — 

He denies the .claimant official copies of decisions 
of the War Department, made in other cases for 
similar and like compensation, which decisions by every 
rule of this Government, are the property of the people, 
afld every citizen is entitled to a copy who has claims on 
the United States. — (d.) 

He denies to the claimant official copies of his own 
documents, which documents are of vital importance iiff 
th$ prosecution of his claims. — (d.) 

He denies a condensed report of the gallons or gills 
of Whiskey actually furnished by the claimant to the use 
of the United States after the passage of a law by Con- 
gress laying a tax on Whiskey distilled within the United 
States, and that he has insulted the honor and dignity of 



tlie United States, by allcdging that he will not furnish 
documents that may raise or establish charges against the 
United States. — (d.) 

That instead of referring, as justice and humanity would 
dictate, the party aggrieved by an act of Congress, passed 
§4th July, 1813, (laid for wise and beneficial purposes) to 
i)iat august body for redress of the grievance, which act to 
the party aggrieved was "ex post facto," and unequivocal- 
ly r/«j9aiVs their contract to the full amount of the Tax, be 
has arrogantly dismissed the claim by that favorite and 
JBjagicword, " inadmissihh.'''' — (e.) 

That he has erroneously alledged that the late contrao 
ior received 12 1-2 per cent, the wastage on the gross a- 
mount, and one cent for the issue of each ration of the pror 
vision delivered on board oftransports in the descent or the 
St. Lawrence, in 1813, as well as on the net amount issued 
on the termination of the expedition, when in fact nocved-r 
it has been granted to the late contractor for the perquis- 
ites on the gross or net amount of provisions issued, al- 
though the services and duty were performed by the A- 
^ents of the contra; tor, by the express orders of the com- 
manding General. — (f.) He has denied the late conr 

tractor compensation for being compelled, contrary to 
every stipulation of his contract, to receive an excess of 
306,338 Rations of Flour over the other component parts 
of the rations left in deposit by Augustus Porter, and 

British captured Flour : That the damages for this 

breach of the contract is at a moderate estimate ,"^9,190 14 
cents, and that the contractor was not bound to issue any 
of the above deposit. — (c.) 

That the general decision of the War Department, of 
27th January, 1816, requires the accounting officer to 
grant damages for the issue of provisions not warranted 
by the contract. — (c.) That the third Auditor has ob- 
jected to this claim, by alledging that the contractor re- 
ceived the provisions without objection, when it must 
have been well known that he did object, and pro- 
tested against receiving the provisions in unequal 
proportions, and that his letter of protest was duly 



received, and a copy filed in the records of the War Of- 
fice. — (g.) 

That he has irrelevantly replied to this claim, by insinu- 
ating that the claimant left a deposit in unequal propor- 
tions, and instances one place of deposit only ; whereas, 
had he stated all the circumstances, it would have been 
seen that the general mass of deposits left by the contrac- 
tor was in equal proportions, or nearly so, within the state 
of New- York; and that they were received hy the order 
of the War Department, and that this constituted no com- 
plaint on the part of his successor, or objection on the part 
of Government, is admitted, but, on the contrary, he, 
W. D. Chever, successor to the present claimant, ac- 
knowledges emphatically in an official letter, directed to 
the accountant's Department, that the deposits being iine- 
qual in the component parts constituted no objection on 
his part, and that he teas bound by his contract to 
receive them at any place or post, and that these de- 
posits were essential to the fuJfiUment of his contract 
with the United States. And yet the third Auditor has 
denied to the present claimant an official copy of W. D. 
Chever's letter, so essential to the refutation of the im- 
proper remarks of the third Auditor. — (h.) 

That he has erroneously alledged, that, in September, 
1815, and in January, 1816, when the contractor actual- 
ly received payment of monies long due him from the 

United States, tlie contractor was not a sufferer. 

He unblushingly alledges, " tlie deferred payment was 
made in September 1815, in treasury notes, believed to 
be from 3 to 4 per cent above par," when in fact full 
testimony has been given in certificates of Messrs. 
Prime, Ward, and Sands, and others, that treasury notes 
were at that time from 8 57-100 to 11 per cent below 
fipccie ; and in truth treasiii\- notes were not known to 
be a!)ove specie at any time. — (i.) 

That the contractor furnished a certificate of tlie cash- 
ier of the State Bank at Albany, showing §7,839 22-100 
to have been paid by him in interest for funds borrowed 
to purchase Government supplies, between 1813 and 



1816, a Hrnall part havini; been borrowed in 1813 : 

That in objecting to this clnim for interest, the third Au- 
ditor lias disingenuously asked the second Comptroller, 
" if interest can be claimed on loans made in 1813?" — 
Thus substituting the minor for the major proposition. — 
(^K.) — Contrary to the rule of truth, and every principle 
of justice. — (k.) 

That the third Auditor lias not replied or remarked to 
the claim of the contractor in his letter of ICth Septem- 
ber, 1823, for damages and interest on his protested and 
dishonored bills drawn on the U. States, in 1814, for 
200,000 Dollars.— (k.) 

That he has disregarded tlie unqualified instructions 
and general decisions of the War Department of 27th 
January, 181G, which thus directs : " The accountant 
in settlins; the accoiaits of contractors for 1814-15, uill 
allow all claims, supported by evidence, of loss sustain- 
ed hy pa if mcnt of interest, or damages in consequence 
of the Department being unable to make the necessary 
adranccs.'''' 

That he has been in tlie habit of calling on the Sec- 
retary of War for special decisions, making special v.diat 
ought to be general, and by his own confession purpose- 
ly concealing those decisions from the public by bury- 
ing them in the mass of documents of his office. 

That in suspended claims for hides of bullocks cop- 
tured or destroyed by the ememy, which bullocks were 
slauiihtered on the Niagara frontiers for the use of tlie 
army, he has said, that they must not be j)aid for, because 
the hide was not necessary to the transportation of tli& 
bullock, although the third article of tlie Contract de- 
clares tliat all articles nt'cessarily used in transj!orlation, 
shall be paid for at a fair price or valuation ; this claim 
for ^1750 was suspended in former settlement of 1815. 

That he has denied the opening of an account for the 
correction of an error, in fact, if the correction should 
operate against the U. States, and constantly pleads a 
settled or concludi'd aci-ount (l) against a solvent claim- 
ant, for an unsettled item or balance, arid fur a service 



8 

proved and admitted, continually repeating "the accoant 
was closed, and finally disposed of by a former settle- 
jncnt," — and although tlie balance claimed was for a dis- 
tinct service, and eojuivalents rendered, and not embraced in 
former accounts. Yet he has suggested to the second 
Comptroller, and given his opinion, that a principle (not 
an error) involving a construction of the Law or Con- 
tract, may be overruled against any person who has or 
inay have pecuniary transactions with the U. States, at 
any period however remote, and although they may have 
been settled by and passed the ordeal of the Treasury 
department, and the competent authorities of this Go- 
vernment, provided they go as an offset or a chai'ge to an 
individual claimant, to the prejudice of his reputation, the 
jnjury of his repose, destruction of his property, and to 
the ruin of himself, his friends, and family : thus virtually 
impeaching the previous acts of this government, by cal- 
ling in (question the principles and decisions of the War 
department, as his caprice or whim may dictate ; making 
his ow;i statement of facts, and construction of contracts, 
to suit his own views and to meet his own wishes. — (See 
his suffi^estion to second Comittroller.) 

That the exercise of such an awful prerogative is ty- 
rannical, dangerous, and oppressive, and in the language 
of enlightened and im})artial civilians "such pretensions 
alone are dangerous as precedents, alarming and oppres- 
sive to every citizen, destructive to the peace of society, 
and of the civil institutions of our country, established 
by a profusion of blood and treasure : such principles 
may, indeed, save the nation's money, but at the expense 
of the nation's honor, and at the sacrifice of the known 
laws of the U. States, and of the common law of the land. 

That, in the assumption of those unheard of powers he 
has wilfullv or blindly comnntted the grossest errors and 
blunders, admitting, (wi-icli is totally denied) the new 
principle which he has set up as the rule which ought to 
have governed the former fjettlement. — (vSee his state- 
ment.) 



That he has stated, tliat 768,320 rations of flour, de- 
posited under the claimants contract, dated Nov. 7, 1811, 
which he was ordered to take up within the existing peri- 
od of that contract, and which consequently could only 
be charged witli the money price of the rations, should 
have been debited to him at the money price of the 
subsequent contract of the 25th of Feb. 1813, when 
he must have been blind, or else have known that 
the first contract made no stipulation, condition, or 
provision to carry the balance of supplies, if any, to 
the next contract, and that the second contract made 
no stipulation, condition or provision to take up in- 
ventory, or issue any rations left on hand from the first 
contract, and consequently the government could only 
charge the money price of each ration to the contractor 
under the special contract ; (m.) that they did so, to the 
disadvantage of the contractor, by charging the gross 
amounts of deposits, at original places of deposit, instead 
of distant and subsequent places of issue, making the 
contractor responsible for losses by carriers, boatmen and 
teamsters, and all wastage and natural decay in transit, 
and lastly, undericriter for all hazards by sea and land: 
and this position and settlement made nine years since 
were eissumed by the present third auditor then chief 
olerk, who now or lately has declared that the contractor 
had claims on the United States to the amount of ^100,- 
000, but he would ransack other offices to see if he could 
»ot raise offsets, or establish new principles for the go- 
vernment of old settlements, and that such new positions 
and principles were the converse of all laws, and highly 
derogatory to the justice, honor and dignity of the United 
States. (xN.) — The following is an abstract of his blunders 
on this head ; — Taking as premises, that the provisions 
(4410 barrels of flour) making 768,320 rations of 18 oz. 
diarged by the United States at the contract price of 7th 
Nov. 181 1—4 cents, should have been charged at the con- 
tract price of 25th Fob. 1813 7 1-2 cents, making a dif- 
ference of §22,509 40-100, which statement xserroneous^ 
and Hot founded in the contracts — that of the ooorc 768^- 



10 

320 rations of Hour 348,444 4-9ths contaiaecl in 2000 
•barrels, were baked into hard bread at the expense and 
by order of the United States in April 1813 and estimat- 
ed at the rate of 1 75 lbs of hard bread for each barrel of 
196 lbs of flour, which at the rate of 12 oz. the ration 
makes 460,666 5-9 Rations 

Deduct therefrom the above, - - 348,444 4-9 



And there remains - - - 118,222 1-9 .. 
which is the true excess of Bread rations, calculating at 
12 oz. 

The net amount of which, at 7 1-2 cents after deduct- 
ing perquisites of issue, is - ^7,315. 

Instead of which, the third auditor has raised a charge 
of 466,666 5-9 Rations, at 7 1-2 cents, net amount of 
which is - - - ;^28,875 00 

And credited 348,444 4-9ths Rations at 
four cents instead oi seven and a half 

cents, - - - 11,324 44 4-9, 

Leaving a balance of - 1 7,550 55 5-9. 

These 348,444 4-9 rations, at the price 
o^ seven and a half cents, amount to 21,560 00 

From which deduct the amount above 
credited, - - - 11,324 44 4-9,1 

And there appears a difference and > ^ i n "^"^c; kk ri a 
a gross and palpable error \ '^^ ^"'^"^^ ^^ ^'^' 

The true balance being as above stated, 7,315 00 

This palpable error and attempt of charging 466,666 
5-9th rations of Bread, when 348,444 5-9th rations of 
the same, were before charged, in the 766,320 rations 
above, if his new and nnheard of principles had been 
correct, might have involved in utter ruin, a citizen in- 
competent to detect the error, and whose fortune was 
unc(|ual to the amount, and yet this arithmetical state- 
ment of the third auditor is exhibited in all the formality 
of diic deliberation, and of debit and credit after a long 
and protracted investigation ; to the gre.it scandal of his 
department, and in direct impeachment of his boast-i 
ed competency and correctness. And again, 



11 

The third Auditor has forgotten, or been ignoraiit or 
blind to tlie uniiuaiiticd provision and stipulation of the 
contract referred to, viz. That the choice of issuing 
Bread or Fioiir \» express/if five days in the week with 
the contractor, and if any gain is made by issuing bread 
instead of flour, it is dccidcully at th(! option of the con- 
tractor to receive the rations of flour instead of bread, 
which was the case, and was so charged and settled by 
the United States in 1815. 

The Government in no instance can demand a sur- 
render of, or wrest from the contractor a right guaran- 
teed by an express stipulation of his contract, because it 
may be to their advantage to do so. And if they bake 
their deposit flour into hard bread by their own agents, 
to save it from consequent decay or condemnation, as waa 
the case, they cannot compel him to receive it, except as 
flour at 18 oz. ; because the right of baking all flour has 
been acceded to the contractor, and the express and posi- 
tive right to issue flour or bread is secured to him " five 
days in each week ;" and, should he have been compelled 
by any arbitrary proceeding to receive it baked into soft or 
hard bread, he calls upon the third Auditor to say by 
what legal rule of the contract it could have been charged 
to him, at any time, at any other rate than tlie money- 
price of the contract, 4 cents, and at tlie rate of 1 8 oz. 
for each ration, and not at 12 oz. as stated by the au- 
thority of the third Auditor. 

The only legal and true construction of the contract is 
then, that if the Government by the express consent of 
tlie contractor, assumes the right of baking the flour into 
bread, and afterwards calls upon the contractor to take 
it and issue it, they could only charge the same at the 
money-price of the contract under which he was bomid 
to receive the same, which contract was that of 7th of 
November, 1811, at 4 cents, and at 18 oz. — The result 
would be as follows : 348,444 4-9th rations of flour con- 
tained in 2,000 bbls. baked into hard bread, and are said 
to hav(> been delivered to the contractor's auent at 175 
iba. of hard bread for each barrel, making 350,000 lb*. 

B 



m 

vv'hich at the legal rate of 18 oz. lor each ration is, 
311,111 11-100 rations, amounting to, after cli'dnct- 
insf wastage and percentage of issue at four cents — 
;^iO,lll 11 ll-lOC— Now the U. States have by their 
rt?r« act charged the contractor in the settlement of 1815 
with the same rations at 4 cents, deducting perquisites 
of issue, wastage, &c. $11,324 44 4-9th— so that the 
third Auditor stands convicted of involving the Govern- 
ment in an error, which, if corrected, will now be to the 
debit of the United States, and to the credit of the con- 
tractor of $1,213 33 33-100.— Yet the third Auditor has 
wilfully or blindly, attempted to impeach the former set- 
tlement of his predecessor, which settlement was legally 
in favor of the United States.* 

The late contractor (.annot close these remarks with- 
out stating that he holds the principle to be self-evi- 
dent, that the Government, in the settlement of every 
item in accounts with individuals, are bound to sanction 
the acts of their authorised functionaries, and make them 
valid ; and it would be a contradiction to usage, to the 
common law, and to reason, to suppose that the power 
of a new Secretary of War, after a lapse of years, or a 
new Auditor, could nullify the official acts of his prede- 
cessor. This indeed would be assuming a prerogative 
that Legislative bodies seldom have exercised, and which 
is forbid by sound policy and justice. — (But as to his 

* 12 oz. pork and 18 oz. of biPad or fiour is a ralion between llie con- 
tractor and the United States. Tl\e ofl'icer of llie Army may say. (frtm 
his own option or pleasure) " I will receive 8 oz. of mess pork and 12 oz. 
biscuit in lieu of prime pork or S)ft bread." — But the original condition 
between the V. Slates and the conlractot is the rule of settlement. 

The premises of the iliird Auditor are based on the presumption that 
ihe contractor commuted wiih the officers at 12 oz of hard bread in 
lieu of 18 oz. of soft bread, and that he ought therefore to be charged for 
ihe provisions delivered to iiiui at the same rale — wliicli, to say ih ' least 
of it, is an assumption not warranted by the contract or the tacts ; he 
might as well say, the coiilraclot has often times commuted witii the of- 
ticer? by giving them money in lieu of provisions, therefore the CDntraclor 
shall account lor rations ne have delivered him, at the rate of tlie commu- 
tation, instead of the money-price of the ration. Now the rations when 
delivered to the c^nitractor are charged to him in moncx; and not in kind, 
with the wastage and perquisite of issue first deducted — and, according to 
the liSMge and rules utseiiiement, lie is only accountable at the money- 
price of the contract luider which he received them. 



13 

OWN CASE, HE SCORNS TO PLEAD A SETTLED ACCOUNT, IF IN 
THAT SETTLEMENT an CVror ill, fuct HAS BEEN MADE A- 

GAiNST THE United States.) — Tliut, howcvcr, he denies, 
ard confidently rests on his reply to the third Auditor 
of Gtli October last, as a full and complete refutation of 
the new principle set up by him. — (See opinions of 
Spencer, Kent, and Eninutt.) 

Let us calmly look back and see what the contractor 
has done to deserve the evasions and procrastinations of 
the third Auditor. Let us see whether the official acts of 
the injured party have not been marked with a spirit of 
consistency and honor, that stamps the suggestions and 
remarks of that officer with a character that would violate 
the public faith, prostrate the laws, and destroy one of 
the fundamental and sacred principles of the Constitu- 
tion. — And is the painful silence, the patient forbear- 
ance under the wrongs which the undersigned has so 
long and so seriously suffered, never to end ? 

Has the late contractor ever received any compensa- 
tion from the United States, as acting Quarter-Master, for 
himself or his agents, for the transportation of public 
supplies on the waters leading to Lake Ontario, during 
the late war, and on the northern frontier after the dis- 
aster of the Campaign of 1813. — (See Orders of War 
Department and correspondence.) 
. Was not the transportation done with economy, at re- 
duced prices, and with a full and entire accountability for 
all the articles transported ; and did not the late contract- 
or assume in the absence of store-keepers, and in the de- 
ficiency of the staff, the gross amount of public provis- 
ions at the original place of deposit, instead of subse- 
quent and distant places of issue, thus saving the United 

States from the loss of a single ration ? (See forms 

and manner of transportation, S^'c.) 

Have the United States or their officers ever legally 
charged the contractor with a default or deficiency of 
supply under the trying exigencies of the times, and the 
distant position and places and post of issue ? — (See let- 
tier of James Madison, late president ; John jirm^tron^i 



14 1 

late Secretary of War, aiid Major-Gencral Macomh, 

Have the profits exceeded a reasonable compensation, 
and under all the hazards of niimbers, amount, and a lon^ 
year of prospective uncertainty, have they been commensu- 
rate to the profits of an ordinary mercantile transaction ? 

Has the ration within the State of New-York cost the 
Government over the contract price, and was not that 
price low, when compared to the tlien high price of pro- 
visions ? 

Have not the terms of the contracts made by him since 
1809 been the lowest, and have not the proposals been 
public, fair and open to every competitor, and have they 
not always been promulgated to the people several 
months before they were made ? 

Did he not in his first contract with the United States 
sacrifice 1 cent and 2 mills on each ration for a period 
of seventeen months, by being compelled to take less 
than his original proposal, notwithstanding that original 
proposal was two cents per ration less than any other 
legal bid ? — (o.) 

Did he not relinquish seven mills on each ration 
for the port of New-York and for Grecnbush, in 
his last contract of 25th February, 1813, with a spirit of 
consistency and liberality, and with a view of conforming 
to his original proposal, when in fact that proposal was 
not accepted at the time, and the subsequent rise in the 
price of provision authorised the additional price ? Let 
officicial dociunents sjicak — (See letter- of lOth Septem- 
ber, 1823, to the tliird Amlitor.) 

Did he not sustain the land transportation of Eighty 
Thousand Dollars value of Flour and Whiskey from 
southern Atlantic ports to New-York, when the coast 
and harbor were eftbctually blockaded, and had he ship- 

Eed them as he had a right to do by the consent of the 
►epartment, and by the stipulation in his proposal, the 
whole would- have been captured, and the loss of the TJ. 
States would have been to the full amount of the ship- 
ment. — (p.) 



15 

Did not the artinjr secretary of War, and secretory ot' 
the Treasury oiler and invite proposals to reeeivesiil'scrip- 
tions to the loan oftwelve niiliions, in 1815, ar>d by his let- 
ter to the present olainiant asree to take tlie Warrr.nt llien 
due by the United States to the amount of 181,000 doHars 
as apart of the subscription aforesaid, 100 in stock for 95 
of the debt, and wlicn the j)roposal was accepted, was 
the stock given, or a satisfactory exphination, for this 
breacli of faitli ? — (See secretary A. Dallas' letter.) 

Did not General Wade Hampton invade and usurp 
the right of tlie contractor, jeopardise the campaign of 
1813 by establishing a military commissariat, and has 
full indemnity been granted, although Government ac- 
knowledge the outrage, and have granted a part in miti- 
gation ? — Balance due ,^4,500. 

Did not the contractor relinquish the perquisites of 
of 12 1-2 per cent, and one cent tor issue for all the large 
amount of provision deposited by him, and left on hand 
on the 1st of June, 1814, which percentages were his by 
laAv and by contract, and would have amounted to a rea- 
sonable protif^of and was not this waived 
to the advantage of the United States in their new con- 
tract, or contemplated commissariat ? And what has he 
received in return ? Let facts and an impartial people 
testify.— f*S'ee Jettcr \{)th Sept. 1823.; 

Has he ever asked a favor of any administration, or re- 
quired decisions not applicable to every man's condition, 
and to every citizen's case ? 

Has he not suffered a loss, by the rule of allowance to 
others, for furnishing casks, boxes, and packages, used 
and kept by the Government, of ;^'25,908 61 and a fur- 
ther loss of casks and packages captured by the enemy 
and destroyed by the troops of the U. States of $4,805 86. 

-(«•) 

Has he ever received the 12 1-2 percent on the gross 
amount, or the net amount of issue, to the troops in the 
descent of the St. Lawrence in 1813? and yet the third 
auditors remark shows most clearly that it is his right, but 
he jjlcads that the perquisite of thi,i issue should he a bar 



16 

TO the claim for the loss of packages and vessels belonging 
to the contractor in carrying the provision in the descent 
aforesaid : thus pleading the allowance under the stipula- 
tion of one article of the contract against the positive stip- 
ulation of a distinct article. — (f) 

Has he ever received any damages, for the excess 
of one component part of the ration, over the others, of 
Porter's deposit, and captured flour, which is ^9,190 
14-100.— (r) 

Has he received the amount of transportation of provis- 
ions, intended for deposit, or in transit for that purpose, 
at Canandaigua and Genesee river, his agent being subse- 
quently directed to remove immediately the said supplies 
as a substitute for those that had been captured and des- 
troyed by the invasion of the Niagara frontier, and which 
supplies were promptly furnished by order of the Com- 
manding General without availing himself of his legal 
right of 30 days notice on the sudden call, and for the 
immediate subsistence of the Militia enroled in the ser- 
vice ; although payment of the said transportation is 
provided for in the spirit and meaning of the third article 
of the contract, and the decision uf the Secretary of War 
of 27th July 1816, amounting to ^13,136 24.— (s) 

Has not the contractor suffered a loss of interest and 
damages by his drafts being protested, which from the 
time of unquestionable and acknowledged right to draw, 
to the time the precise balance was ascertained, would 
be together by the rule as paid to others — ^$35,625 00. 

-(T.) 

And did he not receive the official pledge of the Hon- 
orable Secretary of War that the balance should imme- 
diately be paid him on the settlement of his accounts ? 
And docs not the contract likewise solemnly declare^ 
that the United States shall imnudiately pay all balan- 
ces ? Yet the payment was delayed with the loss of in- 
terest from March, 1815, to January, 1816, (amounting 
to $I0,U00) and then paid in Treasury Notes, at 8 to II 
percent below par, making a further loss of ^22,114 
29-00.— ( r.) 



17 

Have nol tlecisions been made by tlie department grant- 
ing in t-oine cases in general, in others, in special terms, 
allow ances fur loss on treasnry notes, protested bills, and 
deferred payment ; while, indemnification to the present 
i'laimant has constantly been evaded, notwithstanding his 
frequent remonstrances? (See Corresi)ondence.) And 
is not the present claimant the greatest sufferer in a tax 
laid on one of the essential articles which he was bound to 
supply under the contract solemnly made by the public 
functionaries, before any official notice or law had been 
promulgated, taxing tlui said articles, which by the certi- 
ficate of respectabh^ distillers raised the price of the arti- 
cle 20 cents per gallon. — At 14 1-2 cents per gallon the 
minimum damages, based on the return of gallons distill- 
ed in 1814, and the duties that occurred in 1815, the most 
favorable data for the. Government, absolutely impaired 
his contract to the amount of $'45,709 51-1 00. (u) 

After these facts and the considerations that follow, how 
could the undersigned hesitate in making known his de- 
mands growing out of the positive conditions of his con- 
tracts, and recognised by the administration in favor of 
others, under circumstances deemed not more favorable 
than his own. Should the undersigned have hesitated, it 
would have been an acknowledgment of the weakness of 
his cause, or at least an admission that he had not the 
ability to establish his claims for exact and entire justice. 
He feels assured, however, by a consciousness of his own 
integrity that justice will be granted to him by his country, 
and he fully and confidently reposes for a redress of his 
wrongs and the eventual accomplishment of his legitimate 
rights in the representatives of a just and enlightened peo- 
ple, and in the mean time, does in the most solemn and 
formal manner protest against the acts of the third Audi- 
tor, believing as he does that he has not acted by au- 
thority of the Government or head of the Mar department. 

But if his official conduct has been sanctioned by the 
Head of the Department, the undersigned does as free- 
ly and solemnly protest against the said acts — in denying 
him the just rights of a citizen, in refusing him copies of 
his own documents, so necessary in case of accident to the 



18 

War Office, and in refusing him copies of decisions made 
from time to tinie, which decisions may have given cred- 
its to other contractors in the settlement of tlieir accounts. 
— lie protests against the report of the third AucUtor as a 
mass of errors, misrepresentations and false reasoning 
from facts neither established, nor possible to be estab- 
lisiied ; and as the undersigned's life is uncertain, he is 
bound by the most sacred obligation to his children, to 
demand that this protest be placed on the files of the • 
War Depart:nent, and likewise another copy to be filed 
with the records of liis accounts. 

ELBERT ANDERSON. 



19 



"NOTES AND REFERENCES TO FACTS, &^ 



(a.) The duty of the third Auditor is to examine ac- 
counts and facts of the service being performed, and if 
tiny dispute arises as to the construction of the law and 
contracts, the Secretary of War decides as well as on the 
equity of the claim. The Comptroller is the Law-Offi- 
tJer, and appeals are made to him from the decision of 
the Secretary on the law and contracts, and from him to 
Congress. That the third Auditor has assumed all the 
powers of three distinct branches of Government, is evi- 
dent to any person who will read his extraordinary report 
on the contractor's claims. — See remarks on 3, 7 and 3 
claim, and. his suggestions to second Comptroller.) 

(b.) In the settlement of contractor's accounts, the 
cases are numerous, in which boxes and packages have 
been paid for by the United States, and always for troops 
on the march, or on board of transports ; the officer re- 
ceiving the provision, merely gives an endorsement on 
the back of the abstract, for the number of casks or pack- 
ages. The first issue the present claimant made, was to 
a detachment bound to N. Orleans, in 1809. The Sec- 
retary of War, William Eustis, ordered the casks to be 
paid for- 

(Sixth article of the contract.) 

(b.) That all losses sustained by depredation of an 
■«nemy, or by means of the troops of the U. Statcsj in ar- 



-210 
tides intended to compose ration?, &c. as well as in 

OTHER PROPERTY NECESSARILY USED IN TRANSPORTING THE 

SAME, shall be paid for at the contract price of the ra- 
tions, &c. " and at an appraised rahic of the other arti- 
cles, on the deposition of one or more creditable charac- 
ters, and the certificate of a commissioned officer, when 
thesapie can be obtained, ascertaining the circumstance 
of the loss and the amount of articles for which compen- 
sation is claimed." 

(b.) On the books of the War Office the following- 
decision is recorded : 

War Department, October 13, 1814. 

SIR, 

Your letter of 3d inst. inclosing the contract, cor- 
respondence and accounts of James Byers, Esq. contrac- 
tor, has been received. 

The question submitted to this Department, appears 
to have been anticipated in Mr. Byers' proposal of Jan- 
uary 27th, 1812, to furnish the deposits referred to, re- 
serving to himself a claim on the Government for reason- 
able and equitable allowances beyond the price stipulat- 
ed in his contract lor all supplies furnished before that 
contract should take efiect. 

It (foes not appear by the contract referred to, that 
Mr. Byers icas bound to furnish casks and boxes, — or, 
in other words, it does appear that when the rations 
were issued the casks and boxes belonged to the contrac- 
tor ; if, therefore, the casks, boxes, S^'c. hare not been re- 
turned to him, and are charged at a fair price, the a- 
mount shoidd he passed to his credit. 

I am, sir, very respectfully, 

Your obedient servant, 
(Signed) JAS. MONIIOE. 

Colonel T. LEAR, 

Accountant War Department. 

After the lapse of several months, and at the time tlie 
present claimant's casks account was presented, the fpl- 



'21 

lowing hiU'ipoIation and codicil was added and iriteflih- 
.ul to die document on the tiles of tlio Accountant De- 
i -irtnient, the original record in the books of the war 
otHce remains unaltered, as above. 
' '• The above allowance to Mr. Byers for casks and 
boxes, was intended to compensate him for his trouble 
and expense sustained in supplying rations, and making 
ileposits before his contract commenced, and no allowance 
for casks or boxes nmst be made except in cases of spei> 
cial contract with this Department. 

(Si<nied) JAMES MONROE. 

• Col. T. Lear, ° 

Account. War Dept." 

* (c) It will liot be denied that a requisition for a de- 
posit must necessarily embrace the packages as much as 
an order for goods on the other side of the Atlantic, na- 
turally implies that the importer shall put them in packa- 
ges ; yet the merchant on the other side charges the 
packages and the purchaser on this side in usage, and 
law is bound to pay the value. Hence llie requisition for 
deposits of provision is authorised by the contract, but 
the packages are not authorised by the contract, and as 
the Government never claim the packages after they have^ 
been einptied of their contents in the current issue of con- 
tractors, so when they forcibly hold ti.em and never return 
tliem to the contractor, they must clearly be paid for, and 
by Mr. Crawford's general decision of '27th of January,, 
the U. States are bound to pay the value of the packages. 
(See the argument on fde on this claim, and the opinions 
of Pinckney, Emmet, Kent and Spencer, marked Q. 

(d) See correspondence with third auditor, letter to 
him iSth and 25th Sept. and his reply the 26th, in which 
he confirm.? the verbal statements alluded to in previous^ 
correspondence. The decision of all the courts in the 
U. States are recorded for the use and benefit of the peo- 
ple and the Contitution of the U. States, as well as the 
individual states, recognises the right of every citizen to 
demand access to these records as well as all other records 
that have a bearing on his rights and claims. The third 



22 

auflitor has plead against the just claims of the contractor, 
that (Jocuments to check the demand may have been des- 11 
troyed by the burning of the War office in 1814 ; and if " 
claimants are deprived of official copies of their own do- 
cuments now on file, what would be the consequence in 
case of a second accident to the original document as 
officially recorded. The amount of whiskey issued, is on 
file, and could be furnished in one line, yet this is denied. 

(e) See third auditor's report on whiskey claim. — The 
Constitution of the U. States expressly guarrantees to the 
citizens that no law shall be "made impairing contracts." 
(''''ee 1st article, 10th section of the Constitution.) It is 
expressly asserted by a British minister, and is his boast, 
that the Legislature (of Great Britain,) has never harbor- 
ed the intention of enacting regulations which might in- 
validate a national compact, or aflfect the sacred tenor of 
engagements contracted between individuals." (See 
letter in American state papers, vol. 1, page 244.) 

(f) The gross amount of perquisites on provisions ia 
descent of the St. Lawrence was 10,273,40 

The amount after deducting the provisions lost on the 
passage was 5,749,69 

Neither of the above amounts appear in the Contractor's 
accounts. See third auditor's report on claim 3d, conclu- 
ding remark and the contractor's refutation in his reply 
and statement. 

(g) See his remarks on claim 7th, and also the con- 
tract dated 25th Feb. 1813, also the decision of Sec. 
Crawford, dated 27th Jan. 1816, directing the accountant 
to pay *' all losses sustained upon the issue of rations not 
requirable by the contract." See also the contractor's 
letter of protest, dated Fort George, U. C. 18th 
July, 1813. 

(h.) See the contractor's letters dated 13th and 25th 
September 1823, to the third Auditor and his reply dated 
26th September, 1824 refusing to give the dociunente caH- 
cd for by the contractor. 



S3 

(i.) " Extract from the report of the third Auditor ou 
claim 8th. 

^ 1 8 1 ,243 57, reported 1 \ March 1815, paid 5 Jan. 1 8 1 G. 

56,756 43 " 2 June " « 28 Aug. 1815. 

7,389 34 " 10 July " " 5 Jan. 1810. 

that the first balance of ,$'1 8 1, 243 57 and the third balance 

of S'7,389 34-100 it is found were paid in January 1816 

in treasury notes, dated the 21st of that month, bearing 

interest until paid or funded, about which time treasury 

notes it is understood were from 3 to 4 per cent above par. 

" The second balance of $56,7.56 43-100 was remitted 

to Mr. Anderson in August 1815 in treasury notes, at 

which time treasury notes were also above par." 

Extract from the certificate of Prime, Ward and Sands, 
and Nevins and Townsend, which is certified by a com- 
missioner and dated New-York Nov. 10, 1823. 
' " We hereby certify that upon an examination of our 
I books it appears that U. S. treasury notes in this market 
were on the first of September, 1815, at 89 per cent pay- 
able in specie, and on the 1 1th of Jan. 1816 at 91 43-100 
percent, payable in specie." 

The difference between the value of the treasury notes 
received by the contractor and specie at the time they were 
received as certified above, was ^22,1 14 20-100 

(k.) The exhibition of that certificate was made mere- 
ly to show that ihe joint capital of the contractor and his 
associates were insufficient to enable them to fiilfil the sti- 
pulations of the contract, without advances from or pay- 
ments by the government, or loans from banks — and it is a 
principle of common law recognized by ail our courts \)\at 
the non-payment of a sum or balance due, is fiiil proof of 
the loss of interest, which necessarily follows the original 
debt, until both principle and interest are finally paid. 
[Sre reply on claim ^th, and opininns T] — [Sec decision 
vfScc.Craurford of 27 fTi Jan. 1816] 

(l.) The government in 1814 charged me with provi' 
sions saidtohave been left in deposit by A.Porter amount- 
ing to ,^2.593 78 — and although it is admitted that these 
provisions were Hi/Hr, and that of course the ciiarge was 
jyrong, the third AyditoF refuseri tD allow the rlnim f«>r 



24 

the amount, because the account he says* is closed — and 
because al^u tliat he erroneously gave A. Porter credit ibr 
the amount, wiiicli error the claimant pointed out at the time 
rt was made, and now furnishes lull and ample testimony 
on the subject. \_Sec third Auditor'' s objection to claims 
% 3, 4, 5 and G.] ' 

(m.) Extract from the contract made with Gen. Dear- 
born for the issue of the provisions which had been de- 
posited by the contractor during the year ending the 31st 
of May 1813.— Article first, 

" That an inventory shall be taken as soon as possible 
which shall comprise all such supplies as shall have been 
actually delivered on or before the last day of May 1813, 
and shall on that day remain unexpended." 

The operation of this contract is altogether retrospec- 
tive, and the price in money was 14 cents per ration, and" 
the price of the component part of flour 4 cents. 

Under the contract dated 25th Feb. 1813, which went 
into operation on the 1st of June 1813, the money price of 
tlie ration was 17 1-2, and the compound part of flour 7 1 -2' 
cents — this contract for deposits as well as issue from de- 
posits, is prospective, and embraces what shall be issued^ 
and deposited, between the first of June 1 813 and 31st of 
May 18 14 at the money price 17 1-2 cents. \^See con- 
tract.'] : 

These simple facts prove conclusively that the settle-' 
ment of March 1815 was strictly according to law and the' 
facts. And yet the third Auditor erroneously states " the 
})rovisions were deposited under the first contract to be is- 
sued under the second ; and that the latter contract fixes, 
tlio price at 7 1-2 cents instead of 4 cents ;" had he said that' 
this ought to have been the condition it would have been 
iiiodest, but that would not answer his purpose, and in 
liis eagerness to discover errors in the settlement with his' 
]>rcdeccssor in March 1815, he sets out by making two 
bold assertions, neither of which are true. Now I will 
liclp him a little, and show him that it never was' 
inUudcd by the War Department — the order of the^ 
Department to General Dearborn, dated JGth March,; 
18i3, ftilcr contract of25t]i Feb. 1813, directs him to' 



25 

cany into execution the contract with the claimant to 
issue the rations of the former deposit; the first article 
of which contract, is recited above in the contract wiih 
Gen. Dearborn. (See contractor's reply on file,) and 
-farther arguments and facts, dated Clh October, 1 823. 

OPINIONS. 

'*' Mr. Anderson has submitted the report of the third 
auditor to the second comptroller, and his replies thereto, 
for my consideration ; I do not understand that my opin- 
ion is asked relative to the accuracy of the p7incip}cs on 
which Mr. Anderson's accounts were settled in March 
1815, but that it is asked as to the propriety of a re-in- 
vestigation of these principles, and of again opening that 
account. Should I have misconstrued the request made 
to me, no possible injury or inconvenience can arise to 
Mr. Anderson, because I think he has met and most suc- 
cessfully refuted the new principles on which the items 
of the former account have been questioned. Indeed it 
would not be in my power to present his arguments in a 
light more perspicuous or forcible, than he has himself 
exhibited them. 

'^^ The contracts made between the Government and an 
individual can be construed and interpreted by no other 
rules or principles than those which govern contracts 
between private individuals ; the same rules also which 
bind and conclude individuals in a settlement of accounts, 
must conclude the Goveinment, now the third auditor 
insists that the rations of flour and hard bread, mentioned 
in his report, should have been charged at 7 1-2 cents, 
whereas they were charged only at 4 cents. This de- 
pends entirely upon the question, whether the flour in 
question was received under the contract of 7 Nov. 1811, 
and is to be governed by its provisions or by those in the 
contract of 25th February 1813. This was not a ques:- 
tionoffact; or if it was, it is not pretended that any 
mistake of the facts produced the settlement that has 
been already made. No new fact has been discovered, 
nor has any, then supposed to be true, been ascertained 



to be unfounded. The question then involves only the 
leijal constructionof these contracts. The Government 
bvits constituted agents, acting within the scope of their 
autliority, agreed in tlie meaning and interpretation of 
tliese contracts, and solemnly decided so far as it could 
decide by tlic final settlement and payment of that ac- 
couiu, that Mr. Anderson received the flour in question 
under tiie contract of 7th November 1811, at four cents 
per ration. 

It is a well understood principle of the common law, 
and it is believed to be acknowledged by the highest 
tribunals of justice in tlie United ii^tates, and in the seve- 
ral states of tiie Union, that when an account is once set- 
tled and the balance is paid, both parties arc precluded 
and cstojyped from insisting afterwards, that the settle- 
ment proceeded on a mistake of the law or on a misap- 
prehension of the legal effect of their contract upon which 
the settlement took place. 

A contrary principle would be most alarming in all 
cases, bat in contracts witli tlie Government it would be 
peculiarly unjust and oppressive ; no man who had con- 
tiacieii with the Government, after having settled with 
it through its authorised agents, (the only way in which he 
could settle) upon principles acceeded to by both parties, 
could ever assure liimself of a final termination of his 
contract. If the Government eould not be bound by 
such a settlement, in which no error of fact had taken 
place, then in as much as the statute of limitations could 
not be pleaded against the Government, such accounts 
niij;ht be overhauled at a period however remote. A 
d ictrine pregnant witli such consequences cannot be 
sound, neither would there be any reciprocity between 
t se jiarties for the individual contracting with Govern- 
ment, would be clearly bound by such settlement, most 
certuiiily the Government ought to be equally bound. 

October 2, i^2\^. 
, (Signed) A. SPENCER 



27 

" Mr. Anderson has submitted to me for my opinion, 
the nijtort of Mr. Hagner, the third auditor, to iMr. Cults, 
the second comptroller, in favor of opening the settle- 
ment of accounts made between the proper department 
of tiie Government and him, in March 181.'>, together 
with a copy of his replies to that report, and together 
with the contract of 7th Nov. 1811, and the filling up the 
blanks of that contract by Gen. Dearborn, and the con- 
tract of the Secretary of VVar of 25th of February 1813, 
and the contract of issue of the same date. 

I have examined the same, and I concur entirely in the 
opinion of the Hon. Mr. Spencer, hereto annexed ; in a 
case where there is no fraud nor mistake in point of fact, 
it would appear to me to be most dangerous as a prece- 
dent, and accordingly injurious and oppressive to the 
rights of individuals for the Government to open a settle- 
ment after a lapse of years, on a suggestion of an error in 
the legcal construction of the contract. Individuals are 
not permitted, (and the objection is infinitely stronger in 
respect to the Government) to open a settled account on 
the ground of a mistake of law, when the settlement was 
made with full knowledge of all the facts. I do not un- 
derstand or apprehend, from the papers which have been 
submitted, that the settlement was made in 1815, upon 
any misconstruction of the contracts, or of the rights of 
Mr. Anderson ; but be that as it may, the principles of 
sound policy as well as the established rules of law and 
of equity, forbid the opening of accounts fanly closed, 
upon the suggestion of any mistaken constructitmof law, 
or misapplication of principles. They can only be open- 
ed for fraud or mistake iu matter of fact- 



JAMES KENT. 



New-York, October 'i^th, 182.3. 

D 



t>8 

" I have perused the papers submitted to me, by Mr. 
Anderson, respecting a suggestion from the third auditor 
of the treasury, to the second comptroller, that the settle- 
ment made by the Government with Mr. Anderson, in 
March 1815, (the balance of which was then paid) should 
be opened on alledged mistakes. 

It is scarcely my province to consider whether the al- 
legation of mistakes be or be not well founded, but I con- 
fess the examination I have been able to give the con- 
tracts, leads me to doubt their existence. The third 
auditor contends that tlour deposited under the contract 
of the 7th Nov. 1811, but issued under the contract, or 
rather after the commencement of the contract of 25th of 
Feb. 1813, should be charged to him at 7 cents instead 
of 4 cents per ration, as it was deposited uuder»the con- 1 
tract of 7th Nov. 1811, Mr. Anderson was only allow- 
ed for it 4 cents per ration and by the contract with Gen. 
Dearborn, he only stipulates to account for it after de- 
ducting 12 1-2 per cent for wastage, that accoimting must 
be at the contract price for it, when deposited. Suppo^e 
Mr. Anderson had never made a second contract with 
Government, but had closed his connection with it on the 
last of May, 1813, and had then delivered up to its agents 
this very tlour, he certainly could not have demanded for 
it deduction of more than 4 cents per ration ; nor if it 
had been wasted or lost, could he have been charged 
more. Why then should ho on keeping it be charged 
more without a special agreement ? The contract of 
25th Feb. 1813, makes no provision for the charge insist- 
ed on by the 3d auditor, it only agrees upon the price 
Mr, Anderson shall be alloAved for the flour he furnishes. 
If Government had demanded 7 cents for it on the com- 
mencement of the second contract, he might have said 
" that will yield me no profit — take it and do with it what 
you like ; I will purchase my own flour when I find it 
most for my advantage." As to the hard bread, the stores 
left by A. Porter, and the captured flour I can find no 
provision relating to them in either contract, and must 
presume they were settled for, on such terms, as at the 
time secm<;!d reasonable to all parties. But even if I be 



■29 

wrong in tliis reasoning, and that the former settlement 
was erroneous, the error was in the construction of the 
contracts, which is a mere error in law. The payment to 
Mr. Anderson, ;n March 1815, Avas voluntary, and with 
a full knowledge of all the facts and circumstances of the 
case. As a lawyer, then I cannot hesitate in saying that 
a similar settlement between two individuals could not be 
opened, even if the statute of limitations interposed no 
objection. There is no fraud or mistake of fact, and 
neither a court of law nor of equity would entertain an 
application for that purpose. I do not believe Govern- 
ment either claims or enjoys the privilege of disregard- 
ing these principles of law and equity, which, under sim- 
ilar circumstances, individuals must abide by ; and 
although the statute of limitations may not interpose a 
legal bar against it, yet the great length of time that haa 
elapsed, ought to operate on its discretion with a force 
equal to the obligations of a law. 



THOS. ADDIS EMMETT 



New York, Nov. 1,1823. 



30 

(n.) There can be no doubt that the aettlement of 
1815 was correct, legal and founded on principles of the 
contract, and every person will perceive at once the equity 
of the case was against the contractor by his being cliarg- 
ed with the provision in mass at original places of deposit 
instead of distant and subsequent places of issue. Messrs. 
Spencer, Kent and Emmett in giving their opinion, were 
not required to confirm what was clear and plain, but they 
were re^juired to say as jurors, whether the government 
had any power or right to call in discussion anew, the 
principles of the former settlement on the ground of mis- 
takes of law or contract. The peace of society, the prin- 
ciples of the common law, and the rights of every citizen 
are involved in this question, those gentlemen after a care- 
ful reading and examination of the contracts &c. volunta- 
rily gave their opinions as to the correctness of the settle- 
ment of 1815, and it is hoped the question whether the 
government can dispute the principles of former settle- 
ments in at reel forever. 



^1 



CORRESPONDENCE AND ORDERS. 



War Department, Feb. 25th, 1812. 
E. Anderson Jr. — Sir, 

Your letter of the l8th inst. is received. In 
addition to the ordinary issues under your contract, you 
are retjuired to provide rations sufficient for twenty -five 
thousand men, for two months ; calculating the issues of 
meat, to consist wholly of salted beef and pork, or nearly 
in those proportions. The object being to secure the 
flour and salted meats ; the procuring of the other parts 
ot' the rations may be delayed for the present. Albany, 
Troy and Lansingburg, may be considered as the princi- 
pal places of deposit, but where your purchases are made 
at considerable distance from them, the removal may be 
delayed until farther advised. This may particularly ap- 
ply to purchases made in the Western parts of the state 
of New- York. 

You will inform this Departmentof your progress, and 
draw your bills as you make your purchases giving rev 
gular advice. 

Respectfully 

I Your ob'd't serv't. 

W. EUSTIS. 
.Elbert Anderson, Juk. 



Department of War, August 6, 1812. 
Sir, 

Your letters of July 30, and 31 have been receir- 
ed. The deposits of provisions by Anderson and Byers 
should be inspected where they are, in order to save the 
transportation of such as may be condemned, after which 
you will order them to thoae places where they may be 
waatad. 



32 

If the transportation can be made by the Quarter-ma.s- 
ter-general, or in any other way to greater advantage, you 
are not under obHgation to employ the contractor.*, but 
they are bound to make the transportation and issue if re- 
quired, at the public expense. In making disposition of" 
your troops, you will have regard to your authority to re- 
quire Militia of the Governor of New-York — a duplicate, 
copy of his order is herewith enclosed. 

I have &/C. 

W. EUSTIS. 
Gen. H- Dearborn, 



Head Quarters, Greenbiish, Sept. 2dth, 1812. 
Mr. Anderson, 

Contractor for the Army, 

Sir — It will be proper for you to have ou 
hand next spring, on Lake Champlain, as supplies under 
your present contract, flour, salted pork and beef, sufficient 
for rations for ten thousand men, for tliree months ; aad 
you should take measures accordingly in season. 
Yours with esteem, 

H. DEARBORN. 



Department of War, Nov. 27th, 1812. 
Sir-»» 

In my letter of Oct. 29th, you were advised that 
arrangements would be made with the contractors for 
issueing the deposits of provisions, which had been re- 
quired of them. Messrs. Anderson and Byers have ex- 
pressed a willingness to make the issues ; and in case 
you should find it for the public interest, to employ thenx 
in preference to other agents — you are authorised to fill 
the blank attached to their contracts accordingly. 

I have the honor, &c. 

W. EUSTIS. 
Maj. Gen. Henry Dearborn, Plattsburg, 



3S 

Head- Quarters, Albany, December 19, 1812. 
Mr. Anderson, 

Contractor for the Army, 

Sir — You will please to remove all the flour 
provided for the Army, on the banks of the St. Lawrence, 
near Ogdensbiirgh, to Russeltown, excepting such as may 
be necessary for the current issues. 
Your humble servant, 

H. DEARBORN. 

Albany, December. 19, 1812. 
Sir, 

You will please to have on hand in the vicinity of 
Sackett's Harbor, and to see deposited at those places by 
the first of April, three months rations for one thousand 
men. 

H. DEARBORN. 

Mr. Anderson, Contractor. 



Head Quarters, Dec. 2G, 1812. 
Mr. Anderson, 

Contractor for the Army — or his Agent, 

Sir — Of the deposit, which you have been 
requested by the Secretary of War, to liave on Lake 
Champlain, for three month's rations for ten thousand 
tnen, you may place one thousand eight hundred bar- 
rels of flour, in suitable proportions, at one or more of the 
following places, on boatable water leading to Oswego — 
viz : Rome, Onondagua and Cayuga. 
Your humble servant, 

H. DEARBORN. 



War Department, Feb. 8, 1813. 
Sir— 

A force from four to six thousand men may be con- 
centrated on some point of the St. Lawrence or Lake 
Ontario, and will make necessary supplies of provisions 
equal to the subsistence of this muubcr of men for threft 



34 

months, countin? from the first of March next. Th.e pla- 
ces of deposit should be Jacket's Harbor and O.swe<!;o. 
The supplies you have at or near Ogdensburif need noti 
enter into your calculation, as they may be required for 
other purposes. 

1 am sir, very respectfully 

Your obedient servant, ' 

Elbert Anderson, Esq. JOHN ARMSTRONG. 

New- York, Feb. 13, 1813. 
Sir, — 

I last evening returned from Jersey and found 1 
your letters of the 8th instant. 1 immediately instructed 1 
my agents at Sackett's Harbor, Oswego and Rome, to use 
every exertion to obtain the supply required for 6000 men. 
For this purpose I have transmitted funds to their credit 
in the State Bank. Shall have reason to draw on youftf 
department for that requisition as well as the currentissues 
as last advised. Your request that I should repair to the 
Scat of Government shall be complied with as promptly as 
the nature of my business will admit. 

I have the honor to remain your ob't serv't 

E. ANDERSON, Jr. 
Hon. John Armstrong. 

War Department, 3Iarc]i\Q,\m'5. 
Si u,— The Quartcr-master-general is informed that you 
will give the necessary instructions for the issue and safe- 
keeping of the provision which may be furnished in de- 
posit for the Army by the contractor as the warm season 
is approacliing, these deposits will require particular at- 
tention, .".ad it is presumed you will immediately make 
the arrangements for issuing agreeably to the instructions 
of this dej)artment of 27th Nov. 1812. 
1 have the honor to be 

Very respectfully. Sir, 

Your ob't serv't 
JOHN ARMSTRONG. 
Maj. Gen. Henry Dearborn, 
Sacketl'..^ Harbor. 



35 

Hrad Quarters, Albany, April 1, 1810, 
Elborl Aiidcnson, E^xj. 

Contractor for the State of N. York, 

Sir — Yt)U will not fail of having at Sackett's 
lIar!)or, l»y the 20th day of the pre^sent mouth, one thou- 
sand barrels of pork and beef, twelve hundred barrels of 
flour, fifty thousand i)ounds of hard bread, six thousand 
gallons of spirits, with a due proportion of soap, vinegar 
and candles. And you will also have ready at Oswe"-o 
by the 15th day of May, to be forwarded on the shortest 
notice, 200,000 complete rations; and in the mean time be 
prepared for current issues of rations for 4000 men at 
^ackett's Harbor, and 2000 at Utica, Rome and Oswerro, 
as the troops may be in j^reater or smaller proportion" at 
the three last mentioned places respectively, and with 
suitable depots of rations at Green-Bush, Schenectady, 
Little-falls, Ulica and Rome for supplying troops, on 
their march from Green-Bush to Lake Ontario. 

The supplies demanded by this order to be deposited 
at Sackett's Harbor and Oswego, will be taken from the 
deposits belonging to the U. States, while the current is- 
sues will be furnished by the Contractor on the general 
stipulation of his contract. You will superintend and di- 
rect the issues of those rations which will be furnished 
fl-om the public deposits as well as those issued under your 
present contract, you will have correct accounts kept of 
what you receive and issue from the public deposits, and 
you are herehy authorised to receive suchjyarts of rations 
from the store-keepers, inith whom they have been depos- 
ited on account of the U. States, as circumstances may 
require. 

H. DEARBORN. 



Albany, Ajyril 14, 1813. 
Sir, 

You will please to take suitable measures for hav- 
ing the whole of the provisions destined for the Army, on 
the borders of Lake Ontario, in readiness for being con- 
veyed by water to Sackett's Harbor, or to any other part 

E 



36 

of ST'fl Lake, at the shortest notice ; and to have suitable 
per.-svns to t;ike cliarge of the provisions at Ot^wego, and 
other places where necessary. All necessary expenses 
incurred on accnunt of the provisions, that have been de- 
posited by you for the U. States, will be allowed by the 
United States. 

Your humble servant, 

H. DEARBORN. 
Elbert Anderson, Jr. Esq. Contractor. 



[Endorsed on the last order.'] 
Col. Jenkins will be pleased to pay the Contractor, 
Mr. Anderson, for the transportation of the within pro- 
visions from the points of original deposit, to the posts of 
issue upon the production of the proper voucliers for the 
same. 

SackeWs Harbor, July 20, 1813. 

ROBERT SWARTWOUT. 



New- York, Ajyril ^, \?A^. 
SIR, 

I have transmitted to the Accountant of the War 
Department the Ibllowing letter, with the accompanying 
vouchers ; that Department seems to be very dilatory in 
the examination of accounts which is of great inijort- 
ance to me. 1 shall leave this on Saturday for Albany. 
E. Jenkins, Esq. has furnished me with an order issued 
by General Dearborn, for an additional supply for the ar- 
ray to the West. It requires my personal attention, and 
I must again solicit your attention to transmitting me the 
usual advance on the new contract. The advance on the 
new contracts have always been made much sooner than 
this period in all ibrmer cases. As my accounts a, e row 
furnished for February, I shall draw on your department 
for the current isi«ue« of March, estimating that issue at 



37 

,«t3f^000 ; it will exceed that amount, as the troops iiv 
wease daily in tiiis state. 

I have the honor to remain, 

Your ohedii'nt servant, 

ELBERT ANDERSON, Jun. 
Honorable JOHN ARMSTRONG. 



Albany, April 14, 1813. 
Sir— 

I shall depend on i/on for not only the transport 
tation of the procisions for the Army on Lake Ontario, 
hut also for the issuing the same, excepting at Niagara, 
previous to the 1st day of June next — and I trust you will 
have suitable characters employed for the purpose. 
Your's <fcc. 

H. DEARBORN. 
Elbert Anderson, Jr. Esq. 

(extracts.) 

Utica, 21st April, 1813. 

As soon as the provision can be forwarded front 
Oswego to Sackett's Harbor, T feel confident the supplies 
will be ample. Those requisitions for the first expendi- 
tures will be the most difficult, as the sub-contractor has, 
in consequence of the great and unexpected increase of 
troops, been released from furnishing any portion of the 
deposit. We have at this place and Rome, an average of 
2,000 men, and the contractor is making daily sacrifices 
to meet the current issue. The current issue for the 
harbour exceeds 4,000 men, and daily increasing. On 
the removal of the troops from Plattsburg, I diiected my 
agent to cause a drove of cattle, provided for that post, 
and that had been stall-fed by me, to be drove to Sackett'a 
Harbor. I fear they have been swanipt in tht Chateau- 
gay woods, a.6 1 have not heard of their arrival. 1 havei 



38 

this day sent a man in Chenango county to obtain TjO head 
for the Ilarljour. Beef now at the Harbour, .';<8 per 100 
lbs. I have made a contract with a powerful company 
of Butchers and Drovers to supply all rations of fresh 
beef on the frontiers and the Canadas after 1st of June. 
The arrangement is distinct, and I believe, well organiz- 
ed for the beef department. Until the 1st of June great 
and heavy losses arc daily accruing to myself and agents, 
in consequence of the alarming scarcity of provision. 

General Dearborn has invested me with Quarter-Mas- 
ter's powers to transport the public provision from Cayu- 
ga and Rome to Oswego, &c. and my vouchers for those 
disbursements will be simple, and comprise the expense, 
by the voucher of the receiving and delivering store- 
keeper for the several amounts paid by them. I am rea- 
dy to give my services to efiectthe objects of the Secre- 
tary of war and Government ; but it must be expected, 
that the Accountant of the War Department shall prompt- 
ly examine and place to my credit my vouchers as soon as 
received. If we soon move into Canada, it will be ne- 
cessary to have the line of store-Jieepers organized: will 
you, or the commanding General direct this to be done ? 
General D. has given me some instructions on this head, 
but not sufficiently clear on one side, nor extended to 
meet the emergencies that may arise. 

Shall I close this letter by the usual cant of the Con- 
tractors, viz. of losses, &c. &c. ? JNo ; it is sufficient 
for you to know, that the campaign was fixed after you 
came into office — that the suj)plies had to be obtained for 
a large force, in a morcmait of troops more rapid thau 
any thing tliat has occurred since the war, and that the 
country was previously drained of all its usual resources. 
The subsistence of the horses at this })Iace costs three 
times the subsistence of the soldier .•■corn 10s. Gd. — oats 
V,!i. per bushel. All 1 shall do at present shall be to pray 
for the 1st of June; I shall feel so much satisfaction on 
the arrival of that day, that I shall treat all the army. To- 
morrow I move to Cayuga to ])ush the supplies from that 
quarter. Uuurter-niaaler General Swartwout passed 



39 

throiigli to-day- No news from the harbor ; last accouHts 
18th ; Flotilla yet in the ice. 

Witli sentiments of reapect, 
Your obM't serv't. 

ELBERT AxNDERSON, JUN. 

P. S. — Mr. Jenkins will forward to siipcrintendant of 
public supplies, Blank forms drawn up Ijy me at Albany, 
marked A. for delivery in deposit, and Blank form B. for 
the delivery afjain to the contractor, for issue. I hope 
they will be approved. 

Hon. JOHN ARMSTRONG, ) 
Secretary of War. I 

Genera, April 26, IQIS. 
Sir 

I have no instruction what stock of provision to 
supply for Gen. Lewis' Army. Is it expected he will be 
at York U. C. by 1st of June ? If so, he must be suppli- 
ed from a new deposit not yet required. We have em- 
ployed all the boats we could find to transport the provis- 
ion from Cayuga to Oswego ; 700 barrels of meat have 
jrone down, and about 1500 barrels flour. I hope in 
(Jod's name the public boats will carry them to the Har- 
iiur. All the private boats have beea purchased by 
Ciovernment on the Onondaga and small waters, and ^va 
now have to pay a great price to transport the deposit, 
meat, flour and bread to Oswego. My greatest appre- 
hensions are that the great force at the Hiirbor will eat us 
up, before the provision can arrive by water from Oswe- 
go. I hope my fears will be groundless. 

My principle stores will be laid up on the Cayiign, 
mouth Gennesee river, Sodus Bay and Oswego, those will 
constitute the principal depot for provisions. Will you 
■Hiiy what stock is required in deposit to be conveyed 
over in case we cross ? Let me have authority to call 
for the publie bouts, or we shall never be able to get it 



40 

down to Oswege. It takes several days to go and return 
from Cayuga to Oswego. 

I remain, in haste, &c. 

Your obedient sen^ant, 

E. ANDERSON, Jk. 



Caijuga, April 28,1813. ; 

Sir — 

Since my last, Mr. Townsend has returned from 
the Harbor. Gen. Dearborn and about 1500 men had, 
left there on Friday, they stood ofl'on Saturday morning; 
as I suppose for York. I am highly gratified that everyi 
thing relating to the supplies, required for the 15 days ofi 
this expedition, was promptly furnished by my agent, I. 
Foster, and that he assures me he has sufficient until 
the supplies reach him from Oswego, &c. I this dayi 
send down 250 barrels hard bread. We have four large 
ovens going at this place, and bake 60 barrels hard bread 
a day, and we daily send the pork, beef and whiskey, but 
we have very few boats. I see more and roore- the ne- 
cessity to have some power by the General or Secretary^ 
of War, and that my calls for "boats must and ouglit to be 
complied with. I am now acting in the capacity of Quar- 
ter-Blaster, Contractor and Commissary. I go to 
Oswego to-day, and to the Harbor on Friday. We anx- 
iously look for good news from the Lake operation ; if it 
comes to-day it will have a good effect on the election. 
I remain with great respect, 

Your obedient servant, ' 

E I.BERT ANDERSON, Jb. 
Hon. John Armstrong, Sect'y of ^\ ar. 

SackctVs Harbor, May 1 , 1 8 1 S. f 

Sir— 

Your's of this day's date received, in reply will 
observe that you are permitted to make use of five of the 
Batteaux, belonging to the Government, now at Oswego, 
for the purpose of transporting provisions from Oswego ' 



41 

to tlii.s place ; or from and to such otlior place or places 
ns may become necetJ.sary until otlii-rwitie directed ; hut 
previous to any hoats being sent to any place more dis- 
tant from this post tliaii Oswego, the Commanding Officer 
at this post will be notified or consulted as to the time 
when the boats shall so further from thence than Oswe- 
go. You will please to furnish such men as may be em- 
jloyed on account of Government, with rations while so 
sniployed. 

You will furnish the necessary store room for the pro- 
ision, or direct yours to do so, and if the Commanding 
Jlficer at this post shall not furnish a store-keeper, you 
vill appoint a proper person, and name him to the Com- 
manding Officer, for his approbation. With respect to 
ssues at this post, while I have the command, consolida- 
;ed returns signed by the Commanding Officers of Regi- 
^iments, and approved by myself or by Capt. Charles E. 
Toby, my aid will be recognized. 
I am, sir, respectfully 

Your humble servant, 

JOHN CHANDLER. 

Brig. General., 
Blbert Anderson, Esq. 

New- York, May 12, 1813. 
Sir- 
When I last had the pleasure of a personal inter- 
Iriew with Maj. Gen. Dearborn, among other instructions, 
[ received the enclosed orders of April i 4th — I immedi- 
pitely took measures for their execution, and by Gen. 
Dearborn's request, I wrote to Maj. Gen. Lewis, to re- 
:juest him to give the earliest information of the number 
of rations required on the Niagara frontier, on the 1st of 
June ; and to inform me of what amount of supplies 
Bv^ould be left on that day by Mr. Porter. 

In absence of Gen. Dearborn, I had the honor to ad- 
dress a note to Gen. Chandler, commanding at Sackett's 
Harbor ; his reply whicli ie annexed, embraced all the 
Objects of my inquiry. 



42 

Tlie Army, in its present state of organization, lias 
ucvcr been directed to consolidate their provision returns. 
but every Oiiicer commanding detachments and compa- 
nies lias thought himself at liberty to draw rations on iiis 
own authority, wlien it is well settled that the coiitractor 
is not bound to obey the re(iuisition, but of the Command- 
ing Oiiicer only. It is undoubtedly the duty of Quarter 
Masters of Regiments to cause all the Company returns 
to be consolidated, to be signed by the Commanding 
Officer of the Regiment, and countersigned by the Com- 
manding Officer of the post, who will give a voucher lor 
those returns in a " monthly abstract." We are collect- 
ing the Army at one point, and we are about entering the 
enemy's country ; — subaltern Olficers may be taken j)ris- 
oners or be killed, before an abstract can be had. In 
fact, it would be impossible to issue on those multiplied 
returns, some without order or date. And it becomes 
indispensable that an order should proceed from the War 
Otiice to the Inspector General or the Cornmandejr in 
Chief on this subject, that will be permanent and apply to 
the cases that daily occur. 

What supplies are required at Buffidoe and Niagara .''| 
\{ Porter leaves any provisions on hand on the \st of' 
June, is an inventory to be taken, and are they to he 
issued by the new Contractor ? The first of June will 
soon be at our hee's, and this requires attention. 
With sentiments, &c. &c. 

ELBERT ANDERSON, Jr. 
Hon. John Armstrong, 

Secretary of War. 



Sir, 

By a letter from General Lewis, of the 28th inst. 
I learn, that all the Hour purchased by order of (.eneral 
Smith last fall on the Niagara, is yet there and untouch- 
ed. You may avail yourself of this and do it promptly. 
I know not how much Mr. Porter may have on hand' 
Bjw, and as little do I know what he may be aolo !#> 



43 

Jeave in store when his contract will end. If things g» 
as I hope and have reason to believe they will, large de- 
mands upon yon will soon be made at and about Sackett'g 
Harbor. The 4th Regiment is on its march from Mas- 
sachusetts, about G40 strong, and Major Dix will set out 
from Baltimore with a battalion of the 14th in a few days. 
Another battalion, under Major Case, will leave Phila- 
delphia in a week or ten days, and a third under Lieuten- 
ant-Colonel Preston, is, perhaps, now at b'unsberry, 
(Pennsylvania.) When all the threads arc assembled 
the ball will be a large one. 

The Campaign has opened auspiciously, 
"iour's, respectfully, 

J. ARMSTRONG. 
12th May, 1813, War DqmrtmenL 
Ilbert Anderson, Esq. — N. York. 

New- York, 3Iay W, 1813. 

I this day enclose Mr. Simmons my accou^it for 
siirrent issues for the month of March, amounting to — • 
Sf61. 774,59 6. 

In my letter of the 8th of April, I had the honor to es- 
iittate the issue of this month at only $38,000 dollars, and 
kew accordingly, indicating the issues of April and May 
)n the same ratio. I shall be justified in drawing for 
me hundred and twenty thousand dollars, but I shall for 
he present draw for the month of April only. 

I have many mouths to feed, and the abstract for depo- 
|it you required, as well as the remainder on Lake 
Phamplain, will soon be completed. All I ask, is a 
)rompt settlement of my accounts, by the Accountant's 
lepartment. Surely Mr. Simmons does not wish to be 
eminded that, " no officer of the United States shall im- 
ede the settlement of the Contractor's accounts." 
I am, sir, &c. <fcc. 

ELBERT ANDERSON, JUN* 
'" Hon. John Armstrong, Secretary of War. 
'^' Washington, D. C 

E 



44 

Neic-York, May 18, 1813. 
Extract. 
Sir— 

Your favor of the 12tli is received. I feel great 
pleasure in congratulating you on tlie favorable com- 
mencement of the campaign. The war will soon termi- 
nate on Lake Ontario. Since my letter to you of the 14th 
inst. I have received a communication from Maj. Gen. 
Lewis. 

With respect, tfec. 

ELBERT ANDERSON. 
Hon. John Armstrong 

Nnc-York, June 5, 1813. 

Sir — T have issued rations to Indians at French Mills 
about 300 to 400 per day. It is impossible to procure 
supplies in Franklin County, and Gen. Dearborn expres- 
sed a wish they should come to Plattsburg and receive ra,j 
tions from the public stores. 

Would not the public interest be promoted by orderin£ 
the Indian agent. Gen. Moore, to cause the Indians to" 
draw their rations from the public stores on Lake Cham- 
plain, or, shall I continue to make current issues of ra- 
tions to those Indians on the signature of the Officer 
commanding at French Mills. 

I am sir, &c. 

ELBERT ANDERSON, Jr. 
Hon. John Armstrong. 



'& 



Note. — These issues were continued at a sacrifice to 
llie contractor, although not " authorised by" the con- 



tract." 



Head Quarters, Niagara, June 26th, 181S. 
To the Contractor or Agents, 

Sir — You will without delay, take effectual mea- 
sures for havin^f a supply of Pork and other articles now 



on hand necessary to complete the rations transported 
irom the nearest deposit to this pkice by land. 

II. DEARBORN. 



Colonel Elisha Jenkins, ) 

Q. M. G. 9th Military District. ^ 

Sir, — You will be pleased to pay Mr. Anderson, 
the contractor, for llio transportation of the provisions di- 
. reeled by the within order, on the production of the prop- 
er vouchers for the same. 

ROB'T SWARTWOUT. 



Upper Canada, Fort George, July 15, 1813. 
Maj. Gen. H. Dearborn, 

Or Officer commanding 
Niagara Frontier, 

Sir — On the 3d inst. whilst at Albany, I had the. 
honor to receive a copy of your order of the 2Gth ult. 
transmitted to me by my agent Mr. Thorne ; although it 
was not legal to call on the present contractor to fill the 
deficiency of parts of rations left in deposit by Mr. Por- 
ter, when his contract particularly specifies, that deposits 
are to be made at fortified places and military posts for an 
Army, there to be stationed for three months in due pro- 
portion of all articles composing the ration. Yet under 
the impression that the Government will make suitable 
and equivalent arrangements for those sacrifices that 
are and nuist be made, I have lost no time in the prompt 
execution of that order. 

My agent, Mr. Thorne, left Fort George on the 27th 
ult. and on tlie 3d of July, every team that could be procu- 
red was put in requisition to convey the provision to Fort 
George from Geneva, Sodus and Cayuga, a distance of 
100 miles, over almost an impassable road. I likewise 



40 

«idcrcd three l>o!ils to load at Oswego and proceed to 
Niaga a with whiskey, pork, soap and vinegar.* 

I stand ready to obey any requisition that you may 
make. I shall only ask in case the deposit is required at 
Niagara, the protection necessary for the property that I 
shall be compelled to send from the mouth of Genessec 
River, Gerundegut, Poultneyville, Sodus and Oswego ; 
and I am compelled to call on you for the aid of the public 
boats and teams for the transportation what has been pla- 
ced in deposits, as it appears difficult to procure the ne- 
cessary conveyance by private contracts for that pur- 
pose. 

I likewise understand that an order has been issued 
for the purchase of 2U0,000 rations within my district of 
supply.* I must beg leave respectfully to remonstrate 
and protest against this procedure, as tending to injure 
and jeopardize my present and future arrangements lor 
the due execution of my contract ; as not being warranted 
by any failure of special terms of that contract, and as tend- 
ing to destroy that confidence so necessary to my credit, 
and finally to enhance the value of all the articles compo- 
sing the rations, by placing the purchasers in the power 
oi" exhorhitant and axaricious hoJdcrs, creating compct 
titiun so unequal, by giving one party unlimited power to 
purchase at any price, whilst the other is necessarily res- 
tricted by his contract ; and lastly, by adding to the dilli- 
eulties of the transportation and execution of your order 
of the 26th ult. 

I pray you will weigh those reasons, and on reconsid- 
eration of this subject, recall your orders which will in- 
crease the public expenditures, and produce an artificial 
scarcity of the articles most wanted. 
I have, &c. 

ELBERT ANDERSON. 

* These were to fill the deficiency of Porter's deposit, 
and this is the letter of notice and protest referred to, and 
yet the third auditor says the contractor did not object. — . 
The order was recalled. 



47 

Fort George, Juhj 16, 1813. 
Crcn. Boyd, 

Coininancling Niagara Frontier, 

Sir — 1 yesterday understood that Gen. Dear- 
born had resigned the command of the Army on this 
frontier to you — I have therefore the honor to enclose an 
bfficial comnuniication on the subject of supplies, required 
for your army. An early answer as to tiie number of the 
•ations required to be deposited for this post, will be 
;hankfully received. As the pork ordered over land must 
lecessarily be a long time in its transportation, 1 would 
suggest a requisition on the principal butcher, through 
ne, for beeves on the foot equal to twenty or thirty days 
n advance. 

I have, &c. 

ELBERT ANDERSON, Jr. 

Albany, Sept. 3, 1813. 
ilR, 

1 I have the honor to draw on you under date of 

September 1, 1813, for one hundred and eight thousand 
lollars, in favor of Isaiah Townsend, Esq. This draft 
s [)rcdicated on the actual issue of .Tune and July, and the 
)resumed issue of August — the table enclosed will show 
lie data. I should have sent on the abstract as herein 
tated for June and July, but expect they Mould be more 
icceptable to the Accountant of the War Department to 
aibrace the whole quarter. By the issue of the preced- 
iiLT quarter, it will be seen what will be required for the 
inarter commencing 1st September, independent of any 
Icposit that is, or may be ordered — being for the ren-ular 
i)ice, ^256,601 17, which sum I shall draw for at some 
iiiure period. In addition to that fund, I am or.lored to 
upply 1,500 Militia at Niagara, and 2,000 at Sackctfs 
Lirhor, which are ordered out for 90 days service, which 
\\\\ rc(]uire a fund of $55,125 0. I have drawn for fifty 
liousand dollars to meet that expenditure, in fovor of J. W. 
fates, Esq. Cashier, at sight, dated 3d inst. which will bp 



48 

charged on nccoiint of issues required for Militia, for tli( 
quarter commencing Ist September. This force is inde 
pendent of 1500 Militia ordered to Plattsburg, am 
General Hampton's regular army, ordered to the sam«(j 
place. I have, »fcc. 

E. ANDERSON, JUN. 
Hon. John Armstrong, Sec"ry War. 

Sir — Gen. Harrison has been directed (as an ultcrioii, 
movement) to descend Lake Erie to the Niagara Rivcrr 
His whole force, including that now there, will amount tc 
six thousand men. 

I am, sir, your obedient servant, 

J. ARMSTRONG. 
Mr. Thorne — Contractor. 

Sackctfs Ilarhor, Sept. 30, 1813 

Alhamj, Nov. 15th, 1813. 
SIR, 

The stock of salt meat in deposit on Lake Cham- 
plain exceeds the flour and liquor by nearly one half B) 
the official returns of provision on that Lake, dated .fu!}> 
Ctli, the liquor and flour, comprising all the bread stufis 
will be consumed by regular issue by 1,5th January, 1814 
It becomes necessary to look for other resources in time 
to meet the demands of the army. The transportatioi 
from LakcChamplain by water to Montreal requires three 
shipments, first to St. John's, then IB miles by land to La- 
prairie, then again 9 miles to Montreal ; whereas, by Lake; 
Ontario, it can be conveyed direct to Montreal with less- 
risk and cheaper conveyance in good seasons of the 
year. I would therefore suggest that the Hon. Secreta- 
ry of War authorize the public store-keepers to receipt to 
liie Contractor suitable deposits at Fall-town, Gennesee 
River, Sodus, Oswego Falls and Village, and at Sackett's- 
Harlxir ; all those places are safe, and Oswego is the best 
tiiuated for store-room ; and transportation is eflected 
rtowji the river to equal advantage as from the Harbour. 



AS 

Tho rations tobelaid up for deposit should be in sucli pro- 
portion as to meet the excess ol'meat, &,c. on Lake Chani- 
phiin, which ought to be as two of flour and liquor to one of 
meat. A small supply of Hour could be had on the shores 
of Lake Chaniplain, but not in time to be renidved before 
next Spring — all of which is respectfully submitted by 
Your ob't servant, 

E. ANDERSON. 
Hon. John Armstrong, Sec'ry War. 



P. S. — The consumption of the deposit is estimated from 
15th of this month at Montreal at the ratio of 12,000 men. 

[Note — This letter was written when Hampton had the 
Conuni^sariat in his own hands, and Gen. Wilkinson was 
descending th»3 St. Lawrence, and had to call on him im- 
mediately on his arrival at the French Mills for bread- 
stuHs.] 



Sir— 

The supplies for the use of the posts on Lake 
lil Ontario, will be deposited at the Mouthof Gcucssee. Sali- 
na, Falltowii, on the Oswego, and for the Troops further 
to the east at Vergennes, or other secure points toward^i 
or at the head of Lake Champlain. The quantities at 
these points shall be indicated as early as possible. 
Your's respectfully, 

JOHN ARMSTRONG. 

Elbert Anderson, Esq. 

Nov. 16, 1813, IVar Depart iiient. 



War Devartment, Dec. 2d, 18 IS. 
Sir 

You will make deposits of provisions at the fol- 
lowing places ; — Whitehall, Vergennes and Plattsburg, 
on Lake Chaniplaiu — and at Sackett's Harljor, Falls of 



50 

Oswego, Oswego Village, and the Forts George and Ni- 
agara, on or near Lake Ontario. 

On Lake Ontario the troops to be supplied will amount 
to six or eight thousand men ; on Lake Chaniplaiu and 
its advanced posts, to twelve thousand. Orders have 
been given to collect at Plattsburg all the provisions now 
in deposit at other points on Lake Champlain ; from 
these you will issue agreeably to the order ot Gen. Dear- 
born of the 4th of April, 1813. 

Peter Sailly, Esq. of Plattsburg, will be invited to take 
charge of the stores at that place, &c. and to appoint 
subordinate agents for the same purpose at such other pla- 
ces on or near Lake Champlain, Chateauga or French 
Mills, as the service may require ; these, and all other 
store-keepers will furnish vouchers for deposits already 
made. The Quarter-Mastcr-General will have orders 
to facilitate transportation ; and in cases in which you 
transport, to leave the means employed by you undisturb- 
ed. I am, sir, respectfully, &c. 

JOHN ARMSTRONG. 

.Elbert Anderson, Esq. New- York. 



Head Quarters, 3Mone, Dec. 20, 18 13, 
(Extract.) 

I can barely call your attention to the followino- 
state of facts : — 1st. the merchantable flour of the ancient 
deposit at Plattsburg is exhausted, and the very small 
quantity which remains on lumd, is reported to be so much 
damaged, as to be destructive to the health of the troops. 
2d. At this place the troops have had no bread for sev- 
eral days, and of the damaged flour remaining on hand 
at Plattsburg and the French Mills, it is believed there is 
not ten days' subsistence. 3d. A quantity of old biscuit, 
baked long since, is reported to be at i lattsburg, the 
quality of which is unascertained. Here then, sir, you 
have the whole stock of flour and bread on hand for ten 
thousand men, forming a Cordou from the C>t. Lawrence 



to Lake Champlain, which without a speedy supply, they 
may be coinpelli'd to abandon, or tlic most fatal conse- 
quences must necessarily niise. 

You inform me that your prospects on the side of Lake 
Cliamplain are abnost hopeless, bat that 3^011 have in the 
quarter of Utica flattering j)rospects of a prompt and 
competent supply. Let me then entreat of you sir, to 
employ every exertion, and strain every nerve to accom- 
plish these expectations, and relieve the troops as speed- 
ily as possible. To accelerate your operations, the 
Quarter Master General has orders to co-operate with you 
by every means in his power ; and I must hope that your 
joint eiibrts may avert consequences that I tremble at 
the thought of. 

JAMES WILKINSON. 

James Thorne, Esq. co-partner and agent of Elbert 
Anderson, Esq. Army Contractor. 

(Extracts.) 

Plattshurgh, Sept. 18, 1813. 
Sir— 

If you will be so good as to state in writing your 
intention as verbally stated to day, to supply and issue 
all rations required for subsistence for the Troops of the 
U. States and Militia on this station, independent of my 
instructions or contract, it will confirm that high opinion 
I have of your candor and frankness, and which you per- 
ceive is matter so deeply interesting to me, and is essen- 
tial in the future claims I may have on the Government. 
With respect I am, &c. 

ELBERT ANDERSON. 
Maj. Gen. Wade Hampton, , 

Commanding the Army on Lake Champlain. 

Head Quarters, Cumberland- Head, Sept. 19, 181S. 
Sir— 

I am this moment favored with your letter of yes- 
terday's date . It is my intention to make no de- 
mand on you as contractor, until the public supplies with 

G 



52 

which you '' ave nothing to do, and for the issue of which 
my arrangements have been made, before 1 knew you 
as Contrac or, are exhausted ; and that is not probable 
this campaign. 

I have the honor to be, &c. 

W. HAMPTON. 
Elbert Anderson, Esq. 

Platfshnrgh, Sept. 21,1813. 
Sir — I have the honor to lay before you the cones pon-| 
dence between Gen. W. Hampton and myself since myj 
arrival at this place. [No. 1 to 6.] 

My disappointment is not to be regretted ; and as there: 
is a crisis in the campaign which ought not to be inter-i 
rupted by a contention of individual claims, I must beg 
the Hon. Secretary of War to have the inclosed papers 
placed on file, and I hope there will be a period when the 
claim can come up independent of any inconvenience to 
the public. 

I regret any untoward circumstance should have depri- 
ved me of exhibiting to Gen. Hampton my zeal in the 
execution of the small talent I may possess for the public 
service. 

With sentiments of great respect, I am, Sec. 

ELBERT ANDERSON. 
Hon. .John Armstrong, Sec'ry War. 



Plattshirgh, Nor. 18th, 1813. 
Sir 

I am directed by the Commanding General, W. Hamp 
ton, to give notice to any agent of Mr. Anderson, Army 
Contractor, that, as the army have taken winter quarters, 
the duties of the Contractor, in relation to the supplies ot 
the Ai my, will devolve on him, and he will please govern 
himself accordingly. 

Most respectfully, 

JAMES THOMAS. 
Col. and Qr. Master Gen 
James Thorne, Agent, &-c. 



D 



id 



53 

Plattsburgh, Nov. 18, 18lS. 
Sir— 

I am directed by Major General W. Hampton to 
give you notice that in relation to the supplies of the Ar- 
my on this frontier, you arc required to comply with youi? 
contract with the U. States for this purpose. 
Most respectfully, 

JAMES THOMAS. 
Col. and Qr. Maatcr Gen. 
Elbert Anderson, Esq. New- York. 

New- York, Nov. 27,1813. 
Sir- 
In the absence of the Hon. Secretary of War, I 
must now request you to lay before the President of the 
U. States the enclosed letter with the copy of the corres- 
pondence w ith Gen. W. Hampton. 

I have forebore to urge the force of my claims, and the 
injury I would sustain by the refractory disposition of 
Gen. W. Hampton, because I did not wish to mar the 
operation of Government at so momentous a period in the 
campaign ; those reasons are now at an end, and if 1 ara 
to resume my duties, this is the moment for the President 
of the U. fetates to give instructions through the proper 
department. 

I beg leave through you, sir, to assure the President 
of the sentiments of respect in which I hold his charac- 
ter, and shall always be happy to obey his commands. 
I remain, sir, your ob't. servant, 

ELBERT ANDERSON. 
Daniel Parker, Esq. i 

Plattshirg, Dec. 22, 1813. ' 
SIR, 

I have been informed that the Accountant of th© 
War Department has prepared a statement of my ac- 
counts for the last Contract, and that the principal point 
for your decision is the allowance of casks and packages 
for provision that has been placed ia deposit. Peraiit- 



54 

me, sir, to stnte to yon, that this claim is so clear and 
just, and so well established by former precedent, that I 
am persuaded you will not hesitate a moment in allow- 
ing the charges. The first issue I ever made under my 
first contract in 1809, was for troops on the move for N. 
Orleans ; Dr. Eustis decided that the casks and packa-jji 
ges did not constitute any part of my contract, and that 
they must be paid for. In truth, sir, any Corps or De- 
tufliment on the march that draws for rations, and re- 
quires casks or packages, they have been allowed on be- 
ing endorsed on the back of the abstract, or a separate 
receipt. Our contract is for rations, and when deposits 
are required, the casks are furnished for the convenience 
of Government to preserve the provisions. Exclusive of 
these considerations, we have furnished deposits oi'Jfour 
and salt meat, when our contract says the option of 
bread for five days in seven, shall be with the contractor, 
and fresh beef to be issued in due proportion, or conform- 
able to regulations of the Commander in Chief. 

You must be aware, sir, that the contract of last year 
was fulfilled with great hazard and the most indefatiga- 
ble exertion on the part of the contractors, mIio had been 
called upon to make deposits — when they had to contend 
with the difiiculties of a scanty crop — the exorbitantly 
high price of all the articles of supply, flour especially, 
which was 12 dollars per barrel, when our contract-price 
was only seven dollars, 34-100, including the barrels ; 
and these dilficulties were increased by the liberality of 
our Government allowing the Contractors for tlie Army 
of Spain and Portugal to be competitors in our market. 

The Honorable fc^ecretary knows I feel great solicitude 
in having my accounts speedily closed, and in doing jus- 
tice to me he will have due regard to my claim and the na- 
tional interest. Yours, &c. E. ANDERSON. 
Hon. John Armstrong, Sec'ry of War. 

Plattsburgh, January \\, 1814. 
SIR, 

The public service imperiously demands that at 
least ninety days' fsouud and wholesome rations, daily 



55 



issues for 0000 mon sliouki be deposited at. the French 
Mills, also at Cliateaugay-Four-Coriiers for 2000 men, 
daily issues, and in like manner at this place four thous- 
and rations, daily issues. No circumstance which it may 
be practicable to avert, should obstruct the most prompt 
execution of this requisition, which ought to be carried 
into complete etiect by the 2d of next month. 

To prevent the effects of the enterprize of the enemy, 
which we ought to look for, the sleighs or waggons em- 
ployed by you in the transport, should march in consid- 
erable numbers, and on application to the Commanding 
Officer, he is directed to turnish the necessary escorts to 
Chateaugay. With consideration and respect, I have 
the honor to be your ob"t serv't, 

JAMES WILKINSON. 
Elbert Anderson, Esq. Contractor for Army supplies. 



Head Quarters, Batavia, Jan. 20, 1814. 
The Contractor 

Will deposit without delay provisions 
for the troops in the United S?tates service, at the following 
places, viz ; at Williamsville, 175,000 rations 

Batavia, 225,000 " 

Warrens Ridge-road, 100,000 " 
Your's, 



A. HALL. 

Maj. Gen. of Niagara Frontier. 

Memorandum. — I shall require Maj. Allen, Contrac- 
tor's agent, to depo.sit at Batavia 50,000 complete rations 
of provision, and in like manner to deposit at Canandai- 
gua 1 50,000 rations, these deposits will be made as a sort 
of reserve. 

W. SCOTT. 
Col. of 2d Regiment of Artillery^ 

French Mills, Feb. 7, 1814. 
SIR, — The movement of the troops requires that you 
should take up and transport all the provision and stores 



5G 

at this post, Malone, and Chateaugay to Plattsburg, as 
Boon as possible, excepting about twenty days rations. 
And it is essential that your suppbes, until further orders, 
should be directed to Sacliett's Harbor and Plattsburg, 
at the first place for about four thousand, and at the se- 
cond for about six thousand men, daily issues. 

The bread at Chateaugay, if condemned, should be 
sold or destroyed. With consideration and respect, I 
am, sir, yours, 

JAMES WILKINSON. 
J. Thorne, Esq. Contractor's Agent. 

(Extract.) 

New- York, JV&. 8, 1814. 
Sir— 

I advised you on the 14th January that I had re- 
ceived an order from the Quarter Master General and 
Major General Jas. Wilkinson to transport 90 days pro- 
vision to French Mills and Four Corners. The great 
stress Gen. Wilkinson laid on the due exeeution of this 
order, (a copy of which I enclosed) induced me to see its 
execution before I left the Irontier. 

In the trying occurrence on the Niagara frontier, I have 
the satisfaction to hear that my faithful agent. Major Al- 
len, has met the emergencies with a promptness and 
ability that deserve the highest praise ; fur your infor- 
mation on this head, I enclose you copies of orders of 
Genera! Hall for deposits at Three ! oints. Colonel Scott 
thinks that Warren's and Williamsville are too far in ad- 
vance. I still think a magazine in reserve should be 
laid up, &c. t&c. but in this as well as in all other mattery, 
I shall submit to the will and wisdom of Government. 
Witli great respect, 

I am your's, &c. 

ELBERT ANDERSON. 
IJon. Jolin Armstrong, Secretary of War. 



57 

^Extract from a Jrffrr to James 3fadison, late Presi- 
dent, dated Westchester, 12th Oct. loiJ. 

" I now take the liberty to send you inclosed copies 
*' of letters wiiich were the subjects of confidential con- 
*' ference at the period they were written,* and likewise 
" a late letter from the former head of tlie War Depart- 
*' merit. Can I flatter niysfelf with any expression of 
*' your views of my past services, such as one citizen may 
•' render to another in his best recollection of past e- 
•' vents." I am, &c. 

ELBERT ANDERSON, 

Late Contractor. 

* Dated 2d Sf 6th Jan. 1813. 

3Iontp€lier, Oct. 22, 1823. 
SIR, 

The attention of the Executive of the U. States 
being divided among the several Departments, he cannot 
be supposed as particularly acquainted with the transac- 
tions under each, as the respective heads of them. What 
I can say with truth and pleasure in your case is, that ev- 
ery thing I recollect to have known of your agency in 
supplying the army during the late war was favorable to 
the ability and zeal with which the trust was executed. 
With friendly respects, 

JAMES MADISON. 
Elbert Anderson, Esq. 

'. Red Hook, Angiist 12, 1823. 

DEAR SIR, 

I received your letter of the 4th instant a day or 
two ago ; I am, as you well know, no great panegyrist of 
either dead or living public functionaries; but tliis fact 
notwithstanding, it by no means follows, that 1 should 
have any hesitation in speaking favorably of them, or of 
their conduct, when the latter shall have been such as, 
in my opinion, entitled them to praise. On this general 
principle, and under the best recollections I have of the 
manner in which you discharged your duty as an Army 



OO 



Contractor, 1 have no scruple in saying, that ft was both 
able and honest, fulfilling as far as was perhaps possible;! 
under the circumstances of the times, the injunctions of the ' 
law, and the objects and expectations of the Government, , 
and, on some occasions, showing a disposition to pron)ote ■■ 
the success of pending military operations by doing rather ■ 
more, than less, than was prescribed by the letter of your • 
contract. 

It was the joint effect of this disinterestedness and off 
the opinion entertained of your general capacity for busi-- 
ness, that induced me, with the approbation of the Presi- • 
dent, to sound you on the subject of supplying the Army 
bv a Commissariat, instead of contracts, and virtually to 
offer to you the direction of a department of that descrip- 
tion. Tins fact is perhaps the best illustration I could 
Tive of the consideration in which you were held by the 
Executive of that day, and which takes a new force from 
the circumstance, that wdien the offer was declined by 
you, it was not made to any other person. 

I am, dear sir, respectfully your obedient humble ser- 
vant, JOHN ARMSTRONG. 
Elbert Anderson, Esq. 

Washii7ryf07i City, IVoremher ^0, 1823. 
Dear Sir — It is but justice to give you credit for the 
part which you bore in the late war with Great Britain, 
when you not only exerted yourself to sustain the admin- 
istration by all the means in your power, but likewise ef- 
ficiently combatted opinions which were hostile to the 
interests and liberties of the people. To your exertions 
in the Commissariat, the army, serving on the northern i 
and southern frontiers of the State of New-York, was pe- 
culiarly indebted, and has acknowledged with gratitude' 
your prompt and sufficient supply of those articles of sub- 
sistence essential to their well being, at a time it was dif- 
ficult to siipply the troops with necessaries of any descrip- 
tion. That the administration was satisfied with your' 
conduct in the important and arduous duties which youi 
had undertaken, is well known, and as far as your opera- 



59 

ions have come undor my observation, T have liad every 
eason to be perfectly satisfied not only vvitli your zeal, 
ctivity and system, but with the liberality and perfect 
'airness of your dealings, to say nothing of the gratuitous 
upplies ot' vegetables to the Hosiulal.s for the use of the 
ick and wounded. 

With sentiments of respect and esteem, 
I rem lin, dear sir, 

Your most ob't. servant, 

ALEX. M'COMB, 3Iaj. Gen. 
Elbert Anderson, Esq. 



Bhomfiehl, Ontario Co. N. Y. Oct. 27, 1823. 
Elbert Anderson, Esq. 

Sir — By your request I have examined and compa- 
red the vouchers, orders, &c. which took place and oc- 
curred on the Niagara frontier, in the winter of 1813 and 
1814, between you as Army Contractor, by your agent 
Nathaniel Allen, Esq. and myself as commanding oHicer 
on that station. At the time I assumed the command, the 
frontier had in part been laid waste by the enemy, viz : 
from Fort Niagara to the Falls — and all the public pro- 
visions, stores, &c. in that quarter had been destroyed. 
And on the 30th of December 1813, the remaining part 
of the Frontier, to wit : Butfaloe and Black- Rock, togeth- 
er with all the supplies for the Army, were likewise de- 
stroyed. 

Thus situated, I called on your agent. Major Allien, 
for immediate supplies, which he furnished with promp- 
titude, without availing himself of the thirty days notice, 
as I understand was allowed by the contract — and no 
doubt those supplies were furnished in most instances at 
a much greater expense than they would have been, had 
the usual time been taken to have completed the several 
requisitions, viz : the 1st bearing date the 24th Decem- 
ber 1813, and directing ten thousand rations to be deliv- 
ered in deposit near Lewiston. — 2d, the 3d of January 
1814, directing thirty thousund meat rations to be fur- 
nished at Williamsville.— 3d, the 9th of January 1814, 

H 



c 



60 

•n the Public ^tore-keeper at Handford'g Landing. — 4tk 
the 10th of January 1814, for one hundred thousand 
complete rations, to be deposited at Williamsville. — 5th, 
dated 20th of January 1814, for viz : 

175,000 complete rations at Williamsville. 

225,000 do do " Batavia. 

100,000 do do " Warren's on Ridge-road. , 

And I am well satisfied that the greater part of the sup-- 
plies, furnished to fulfill the above requisitions, were ta-- 
ken from the place or places where the purchases wore '' 
severally made, and transported directly to the severall 
deposits pointed out by my orders. And I may further ■ 
add that the places of deposit* were in some instances ^ 
entirely out of the direction of the posts to which my 
orders directed the supplies to be carried, and consequent- 
ly the transportation of them to the original places of 
deposit at the time, would have been attended with seri- 
•UB inconvenience to the United States. 
1 am, sir, most respectfully. 

Your obedient humble servant, 

AMOS HALL, 
Late Major Gen^ 

* Places of original deposits, by order of the secreta- 
ry of War was, Fa U-toun,Genncssee river. [_Page 1S» ^^ 
fitiim J or traiibjjOtuUiion. 



m 



cOx^thacts, documents, &g. 



i 



ARTICLES OF AGREEMENT made on the 7tH 
day of November, Anno Domini one thousand eight hun- 
dred and eleven, between William Eustis, Secretary for 
the Department of War of the United States of Ameri- 
ca, of the one part, and Elbert Anderson, Junior, of tho 
city of New- York, of the other part. 

This Agreement Witnesseth, That the said William 
Eustis for and on behalf of the United States of Ameri- 
ca, and the said Elbert Anderson, Jun. his heirs, execu- 
tors and administrators, have mutually covenanted and 
agreed, and by these presents do mutually covenant and 
agree to and with each other, as follows, viz : 

First, That the said Elbert Anderson, Jun. his heirs, 
executors or administrators, shall supply and issue all 
the rations, to consist of the articles hereinafter specifi- 
ed, that shall be required of him or them for the use of 
the United States, at all and every place or places where 
troops are or may be stationed, marched or recruited 
within the limits of the State of New- York (Niagara and 
its dependencies excepted) and the State of New-Jer- 
sey, thirty days notice being given of the post or place 
where rations may be wanted, or the number of troops 
to be furnished on their march, from the first day of* 
June, eighteen hundred and twelve, until the thirty-first 



G2 

day of Mny, eip-hteen hundred and thirteen, at the fol- 
lowing prices ; ihat is to say, at any jilacc where rations 
shall be issued within the city and harbor of New-York 
for thirteen cents five mills per ration, within all other 
parts of the State of New- York at fourteen cents per ra- 
tion, and within the State of New-Jersey for fifteen cents 
five nulls per ration. Where the price of the ration is 
thirteen cents five mills, the component parts thereof 
shall be, for meat five cents, bread or flour four cents, 
li(luor three cents five mills, small parts one cent. Where 
the price of the ration is fourteen cents the component 
parts thereof shall be for meat five cents five mills, flour 
or bread four cents, liquor three cents five mills, small 
parts one cent. Where the price of the ration is fifteen 
cents five mills, the component parts shall be, for meat 
six cents, flour or bread five cents five mills, liquor three 
cents, small parts one cent. The prices of the compon- 
ent parts of the small parts of the ration shall be eighteen 
cents per pound for candles, twelve cents five mills per 
pound for soap, four cents five mills per quart for vine- 
gar, and two cents five mills per quart for salt. 

i:^fcond. That the ration to be furnished and deliver- 
ed by virtue of this contract, shall consist of the foUcw- 
ing articles, viz : One pound and a quarter of beef, or 
three quarters of a pound of pork, eighteen ounces of 
bread or flour, one gill of rum, whiskey or brandy, and at 
the rate of two quarts of salt, four quarts of vinegar, four 
pounds of soap, and one pound and an half of candles, 
to every one hundred lations. 

It is understood, that it s-hall be in the option of the 
general or oflicer connnanding an army or a great mili- 
tary district, in all cases not otherwise provided for by 
this contract, to direct when and how often fresh or salt- 
ed meat shall be issued by general orders, to be promul- 
gated a reasonable time before the isssue is to commence ; 
that in all cases where salted provisions are issued, the 
article of salt shall not be re<)uired ; that the contractor 
shall always issue flour two days in every week, and the 
option of bread or flour for the remainder ot the week be 
"witli the contractor. 



66 

Third. That supplirs shall be fiirnishet^ hy tlic said 
E:l»('i't Anderson, Jun. his heirs, c.\ccii(uis or iudiiii'is- 
|tr:iturs, at the fortified places and military posts, that are 
fOi- may be established in the jStates of New-York and 
New-Jersey aforesaid upon the retjuisition of the com- 
niandant of the army or a post, in such quantities as shall 
not exeeed what is sufiicient for the troops to be there 
I stationed, fer the space of three months in advance, in 
good and wholesome provisions, consisting of due pro- 
portions of all the articles forming the ration. And the 
said Elbert Anderson, Junior, when required by the Scc- 
ni uy of War, shall, instead of the ardent spirits men- 
tioned, furnish to the troops of the United States, station- 
ed in the harbor of New-York, an equivalent in good malt 
li(|Uor or light wines, at such season of the year, as in the 
opinion of the President of the United States, may be 
necessary for the preservation of their health. 

It is understood that if the contractor shall be required 
to deposit provisions at one place or post and shall after- 
wards be required to move them, to be delivered at anoth- 
er place or post, the exjjenses of transportation to such 
other place or post shall be borne by the United States. 
It is also understood that all supplies are to be originally 
delivered at the posts where they may be required, with- 
out expense to the United States. 

Fourth. That whenever and as often as the provis- 
ions stipulated to be furnished under this contract, sliall, 
in the opinion of the commanding oflicer of the ])ost or 
place, where they are oflered to be issued, be unsound, 
unfit for use, or of an unmerchantable quality, a survey 
shall be held thereon, by two disinterested persons, one 
t-o be chosen by the conunanding officer, and the other 
by the said Elbert Anderson, or his agent, and in 
case of disagreement, a third person to be chosen by mu- 
tual consent, who shall have power to condemn such part 
of the provisions as to them may appear unfit for use. 
But if the said Elbert Anderson, Jun. or his agent, shall 
fail, or neglect to appoint a person to inspect the said 
provisions, after reasonable notice in writing, it shall be 
permitted to the said commanding officer to appoint such 



64 

•persons as he may tliink proper, to inspect the provisions, 
under oatli, vvitli power to condemn, a« aforesaid. And 
ail provisions condemned by such survey may be destroy- 
ed by the commanding officer. 

Fifth. Tiiat the connnanding general, or person ap- 
pointed by him, at each post or pL-ice, incase of absolute 
failure, or deticiency, in the quantity of provisions con- 
tracted to be delivered and issued, shall have power to 
sujijily the deficiency by purchase, at the risk andonac- 
coinit of the said Elbert Anderson, Jan. his heirs, exec- 
utors or administrators. 

Sixth. That all losses sustained by tlie depredations 
of an enemy, or by means of the troops of the United 
States, in articles intended to compose rations, to be is- 
sued uniler this conUact, being the property of the con- 
tractor, as well as in other proi)erty necessarily used in 
transporting the sar/ie, shall be paid for at the contract 
price of the rations, or tho component parts, and at an ap- 
praised value of the other articles, on the deposition of 
one or moi'e creditable characters, aud the certificate of 
a commissioned officer, when the same can be obtained, 
ascertaining the circumstances of the loss, and the amount 
of the articles for which compensation is claimed. 

Seventh. That tl;e escorts and guards for the safety 
of the provisions, and for the protecting of the cattle 
a<Tainst an enemy shall be furnished, whenever in the 
opinion of the commanding officer of the army, or of any 
post, to whom application may be made, the same can be 
done wiiliout prejudice to the service, and that the said 
Elbert Anderson, Jun. his heirs, executors or adminis- 
trators shall not be answerable for any deficiency of sup- 
plies, at any of the said posts or places, if it shall appear, 
ujon satisfactory proof, that such deficiency was occa- 
f^ioned by the want of}>roper escorts and guards. 

Ei<j;hih. Tliat at all stationary posts, proper store- 
houses shall be provided on behalf of the public, for the 
reception and safe-keeping of the provisions deposited 
fjcm time to time, at such posts respectively ; and the 
toiUiTctor shall suller no loss for want of such stores. <j| 



Ninth. That the said Elbert Anclcrson, Jiin. his 

theirs, executors or administrators, siudl render his or 

Itheir accounts to the Accountant of the Department of 

War, for settlement, at least once in every three months, 

aijreeably to such form as by the said Accountant may 

be established and made known to. 

Tenth. That all such advances of money as may be 
made to the said Elbert Anderson, his heirs, executors 
or administrators, for and on account of the supplies to 
be furnished, pursuant to this contract, and all such sums 
of money as the commanding oflicer of the troops or re- 
cruits that are or may be within the States above mention- 
ed, may cause to be disbursed, in order to procure sup- 
plies, in consequence of any failure on the part of t!;e 
said Elbert Anderson, Jun. his heirs, executors or admin- 
istrators in complying with the re(|uis!tions herein con- 
tained, shall be duly accounted for by him or them by way 
of set-off against the amount of such supplies, and the 
surplus, if any, repaid to the United States, immediately 
after the expiration of the term of this contract, together 
with an intetest at the rate of six per centum, per annum, 
from the time of such expiration, until the same shall 
be actually repaid. And that if any balance shall, on any 
settlement of the accounts of the said Elbert Anderson, 
Jun. his heirs, executors or administrators, be found to 
be due to him or them on account of the rations which 
shall be supplied, pursuant to this agreement, the same 
shall immediatclif be paid. And that no unreasonable 
or unnecessary delay, on the part of the olficers of the 
United States, shall be given to the settlement of the ac- 
counts of the said Elbert Anderson, Jun. his heirs, ex- 
ecutors or administrators. Provided however that no 
member of Congress shall be admitted to any share or 
part of this contract or agreement, or to any benefits to 
arise therefrom. 

IN WITNESS tchcreof, the said Secretary of War, 
for and on behalf of the United States, hath here- 
unto subscribed his name, and ajfixed the Seal of 
the War Ojjiceofthc United States ; and the said 



CG 



ElhfH Anderson, Junior, hath hereto set his hand 
seal the day and yearjirst above uritteu. 



W. EUSTIS. 
(Seal U. S.) 



ELBERT ANDERSON, JUN. 

(L. S. E. A.) 



Signed sealed, and dclirered > 
in the 2)rcsc)icr cf 3 

DANIEL PARKER, 
JOiiN J. ABEilT. 

WHEREAS, by a certain agreement made on the 
7tli day of November, 1811, between W. Eustis, ^ie re- 
tary of War, and Elbert Anderson, Juti. of the St.te of 
New-York, it was stipulated, that the deposits of ihree 
&c. months supplies of rations may be required. Now 
therefore' it is agreed by the order of the said W. Eustis 
to Major-General Henry Dearborn, that when issues are 
required from the public deposits, that he might call on 
the said Elbert for that par;)ose. 

First. That an inventory shall be taken as soon as 
possible, which shall comprise all such suj)|)lies as fehaJl 
have been actually delivered on or before the last day of 
Nay, 1813, next, by virtue of the said agreement, and 
shall on that day remain unexpended. 

Second. That the inventory shall be taken in the 
presence of the commanding officer of the post, and the 
party of the second part of this agreement, or his agent, 
and duplicate receipts given therefor by the said party of 
the second part, or his agent, expressing the quantity and 
quality of each article, or delirery to he made hy the pub- 
lic store-keepers or other agents who liace charge of the 
deposits. 

Note. — The rations are charged at the money jyrice of 
the contract, and not in kind. 



' 



G7 

Third. Tliat tho party of tlio second part shall ae- 
lount to tlie United (States lor all tlie siip|)lies which 
hall be receipted for, as in the preceding article, he be- 
ng allowed however a deduction of twelve and a half per 
ent as a full allowance for wastaije, leakage and damaye 
f whatever nature, excepting only such losses as may be 
ceasioned by fire, water, an enemy, or by the troops of 
le United States. 

Fourth. That the party of the sec6nd part shall issue 
11 the supplies as aforesaid, to the troops at the several 
osts, in rations to consist as follows, viz : 

Eighteen ounces of bread or flour. 

One pound and a quarter of beef, or three quarterB 
f a pound of pork. 

One gill of ruin, brand)i or whiskeij. 

And at the rate of two quarts of salt, four quarts of 
inegar, four pounds of soap, and one pound atid an 
alf of candles to every hundred rations. 

Fifth. That the said party of the first part shall pay 
r cause to be paid to the said party of the second part, 
ae cent for every ration which he shall issue as before 
cited, as a full compensation for his trouble and cx^ 
3nse in issuing the same. 



•& 



IN WITNESS whereof, the said H. Dearborn in 
behalf of the Secretary of War, on behalf of the 
United States, hath hereunto subscribed his name, 
and affixed his Seal ; and the said Elbert hath 
hereto set his hand and seal the day and year last 
above written. 

H. DEARBORN. (L. S. H. D.) 

ELBERT ANDERSON. 

(L. S. E. A.) 
Signed sealed, and delivered } 
in the presence of 5 



G8 

War Department, Nov. 27, 181J. 

SIR, 

Tn my letter of October 29th, you were informe^^ 
that arrangements would be made with the contractors foi 
issuing the deposit of provisions which had been requirj 
ed of them. ]\Iessrs. Anderson and Byers expressed r 
willingness to make the issues ; and in case you shoulc 
Jiiid It for the public interest to employ them in prefei< 
evce to other agents, you are authorized to Jill the blank 
attached to their contracts accordingly. , 

I have the honor to be very respectfully, sir, yourob'f 
servant, W. EUSTIS. ^ 

Major-General Henry Dearborn, Plattsburg. 

By the President of the United States of America. 
A PROCLAMATIOxN. 



WHEREAS the Congress of the United States, by 
virtue of the Constituted Authority vested in them, have 
declared by their Act, bearing date the eighteenth day 
of the present month, that WAR exists between the U- 
n'tpd Kingdom of Great Britain and Ireland, and the 
Dependencies thereof, and the United States of America 

and tiieir Territories ; Now therefore, I, JAMES 

MADISON, President of the United States of America,i 
do hereby proclaim the same to all whom it may con- 
cern : And I do specially enjoin on all persons hohling 
offices, Civil or Military, under the authority of the Unit- 
ed Siates, that they be vigilant and zealous, in discharg- 
ing the duties respectively incident thereto : And I do 
moreover exhort all the good people of the United 
States, as they love their country ; as they value the pre- 
cious heritage derived from the virtue and valor of their 
fathers ; as they feel the wrongs which have forced on 
them the last resort of injured nations ; and as they con- 
sul; the best merms, uiulerthe blessing of Divine Provi- 
deuce, of abridging its calamities ; that they exert tlicm- 



69 

selves in presrrvinjr order, in promoting concord, in 
niiiiiilaiiiiiig the uulliority and the cliuaty ot tiie hiws, 
and in supporting and invigoratingall the measures wi.ich 
may be adopted by the Cunstitutcd Authorities, for ob- 
taining a Speedy, a just, and an honorable peace. 

Ill testimony tchcreof, I have hereunto set 
SEAL, my hand, and caused the seal ot'tlie U. ^States 
to be alJixed to these presents. 

Done at the City of Washington, the nine- 
teenth day of June, one thousand eight hun- 
dred and twelve, and of the Independence of 
the United States the thirty- sixth. 

(Signed) JAMES MADISON. 

Bv the President. 
'(Signed) JAMES MUNROE, 

Secretary ol State. 

(circular.) 

New- York, June 24, 1812. 
Sir- 
In addition to my Circular of the 20th May, (a 
duplicate of which you will find inserted below) I now 
[enclose you the President's Proclamation, announcing a 
Declaration of War against Great Britain and her De- 
pendencies. At this important epoch in the history of 
bur country, it becomes me in my official capacity to call 
your attention to the duties assigned to you respectively^ 
as Agents or Sub-Contractors for the supply and issue of 
rations to the Troops of the United States 

Your principal has contracted with the govern- 
ment to supply all rations that may be required in the 
•States of New- York and New-Jersey, containing a mari- 
time frontier extending from the Eastern extremity of 
Long-Island to the Capes of the Delaware, and of a 
Northern inland frontier from Niagara to the outlet of 



70 

Lake Ctiamplain. You must at one view peyceive tlie 
seat of war your country is justly and necessarily engaged 
in, and your united exertions are of" the utmost importance 
in tlie contest lor our rights as an independent nation. 
You are associated with your principal in the share of 
censure, if censure is due, and you are to partake with 
him in the applause that your countrymen may be dispo- 
sed to give your honest exertions. For the want of ac- 
tivity and industry in the general and subordinate con- 
cerns of this department, disasters may occur that might 
otherwise have hcen avoided, tf the proper steps required 
of yon had been taken in time. You have previously been 
instructed to look to the resources of your district, and to 
inform me, at proper intervals, what reliance can be pla- 
ced on your district, county or town, for supplies that 
may be required. This necessary information will ena- 
ble me to communicate with the Commanding General, 
and .state to him where and how supplies may be had with 
the least inconvenience to the public service. By pos- 
sessing this information, it will give me time to meet any 
scarcity in your district, by transporting supplies from 
other places or either of the deposits. 

\ ou have likewise been instructed not to offer or 
issue any Provision that should appear unsound, or of an 
unmerchantable quality. For this j)urpose it will be 
necessary for you to be extremely vigilant, frequently ex- 
amining the state of your issues, and take especial care 
that your Salt Provisions at this season of the year has 
its proper quantity of salt, and each barrel full of good 
pickle. Our country is blessed with plenty oficholesume 
food; and as the health and vigor of the Army depend 
in a great measure on a strict and faithful fulfilment of 
your duties, you are seriously to reflect if, at this crisis, 
ykur taltuts and resources are fitted for the station you 
now hold ; and should you conclude to decline this Agen- 
cy, you will mimediately inform me, so that other arrange* 
ments may be made in season. 

In addition to the just and proper scrutiny of theJ 
Ofiicers of tlie Army, the eyes of the public will be con- 
tinually upon yuu ; uud without the greatest pruden«6 



71 

and discretion on your part, your station at tliis time will 
excite tiie envy of some and the jealousy of others. You 
are not now to learn, that men are as diflerent in their 
siMitinients and opinions as in their countenances and 
numbers ; consequent!}' you may expect tliat your best 
exertions will not always be rewarded, and that univer- 
sal satisfaction is not to be expected — biU this will not 
(Iter you from doing your duty. You will listen to ob- 
jections against your Provisions with patience, and in- 
vestigate any complaints with temper and nioderation ; 
at the same time you will maintain your own rights, and 
the just rights of your principal, with dignity and firm- 
ness. Go straightforward in the path of yoin- duty, and 
lyou w^ill sooner or later obtain the good opinion of the 
Officers, the love and respect of the Soldiers, and what is 
more, the approbation of your own conscience. 

You will hove the enclosed instructions made 

nown to those who supply Recruiting Rendezvous in 

our district ; and it will be proper at this time to give 

ublicity to that article of the contract which regulates 

the condemnation of unmerchantable Provisions. 

The Contractor requires all Agents and Sub-Con- 
tractors to issue, on the 4th of July next, one gill of 
'.Whiskey to each man in his district, and one bushel of 
rPeas or Beans to every sixty men, or an equivalent in 
iother vegetables, being extra from their allowance by 

(law, which issue will be charged to me when you trans- 
mit your next account, separately from the abstract. 

(copy.) 

Article Fourth of Contract for the SuppJif and Issue of 
Rations, dated 1th day of Nortiuber, 1811, commcn- 
eing the 1st of June, 1812, ending 31sf of May, 1813. 

" That whenever and as often as the Provisions 
'^ stipulated to be furnished under this contract, shall, in 
' the opinion of the Commanding Officer of the post or 
' place where they are ofl'cred to be issued, be unsound, 
•anfitfor use, or of an unmerchantable quality, a'survc}- 



'' shall be held thereon by two disinterested persons. 
" one to be chosen by the Commanding Officer, tiie oilier 
" by the said Elbert Anderson, Jun. or his Agent, and 
" in case of disagreement, a third person to be chosen by 
" mutual consent, who shall have power to condemn sucli 
" part of the Provisions as to them may appear untit for 
"use: but if the said Elbert Anderson, Jun. or his , 
" Agent, shall tail or neglect to appoint a person to in- 4 
" spect the said Provisions, after reasonable notice in 
" writing, it shall be permitted to the said Commanding 
" Officer to appoint such persons as he may think proper 
" to inspect the Provisions, under oath, with power to 
" condemn as aforesaid ; and all Proi-isions condemned 
" bif suck survey, may be destroyed by the Commanding 
" Ojficer." 

ELBERT ANDERSON, Jr. 

Army Couiracior. 

New- York, 3fay 20, 1812, 
Annexed you have the arrangements now in ex- 
istence for the supply and issue of rations to the Troops 
of the United States. When Troops move out of your 
district, either to recruit or on a march, you will be pleas- 
ed to forward notice of such movemeiit immediately to 
the Agent in the district they move to, likewise a dupli- 
cate of such notice will be transmitted to me. It is ex- 
pected the Commanding Officers wUl give notice in tic 
tirst instance, and state the " number of men to be fur- 
nished on the march or at a station." By this means 
proper and timely supplies will be furnished to meet any 
siidden movement of Troops. Agents of districts wdl 
distribute blank abstract forms to the Recruiting Ren- 
dezvous within their limits, and they will consider them- 
selves accountable that the blanks in the abstract are filled 
up agreeably to the original returns, and signed by the 
Comnsundmg Officer. 1'he dates ought to correspond 
with the number of days inclusive, and the days with 'he 
number of men, and the column of remarks must state 
to uhon» issued, (to Troops under the command of, &/C.) 



73 

(to Recruits, &c.) (to Militia, &c.) The total number of 
rations must be inserted in words at full length, in tie 
certifiaate at foot of the abstract. Duplicate abstracts 
from the beginning to the end of each month are required, 
and will be transmitted punctually to me at the end of 
evt^ry month. 

[Here follows a list of Agents, S^c. their district of 
supplies and place of residence.] ~ 

ELBERT ANDERSON, .Tr. 

Army Contractor. 



Washington, Dec. 28, 1812. 

The Honorable Secretary of War, 
SIR, 

In behalf of myself and associates, I will svpphj 
all rations that may be required for the troops of the U. 
States, marched, stationed or recruited within the City 
and Harbor of New-York, at Greenbush, from the first 
day of June, 1813, to 31st of May, 1814, at 14 cents 8 
mills, to wit : Meat 5 5 

Liquor 3 5 

Small parts 1 

Bread or Flour 4 8 



14 8 
In all other parts of the State of New- York, including 
its northern vicinity as far- as St. John's, on Lake Cham- 
plain, at 1 7 cents 5 mills, to wit : 

Meat 5 5 

Licpior 3 5 

Small parts 1 

Bread or Flour 7 5 



17 5 

For the State of New-Jersey, 16 cents 2 and an half 
mills per ration. 

If the troops of the United States should enter the 



74 

Ganaclas at any time previous to tlie 31st of May, 1814, 
this proposal will embrace all supplies that may be re- 
(luired in the enemy's country, from Fort George along 
the shores of Lake Ontario and the river St. Lawrence, 
until it intersects the out-let of Lake Cliamplain. 

The j)rice of the rations to be augincnted in propor- 
tion to the difficulty and expense of transporting in the 
enemy's country, with a reserve on the part of the United 
States to reduce the component part of the bread ration, 
to bear a jyroportionatc value to the other parts of the 
ration, when the price of bread-stuff shall, in the opinion 
of the Honorable Secretary at War, justify such altera- 
tion or reduction. 

The Honorable Secretary at War will perceive that, 
the price of the component parts of the ration are the 
same as the present contract, the bread or flour except- 
ed : And that the price of this article is not in proportion 
to its increased value and alarming scarcity o^hroaA on 
the northern frontier. 

When the price of the bread ration is 4 cents 8 mills, 
the value of flour is at the ratio of ^8 35 per barrel, when 
the flour ration is estimated at 6 cents 2 1-2 mills. — Note, 
the value of Flour is only 10 dollars 87 1-2 cents per 
barrel. 

It is believed that all the other component parts of the 
rations are estimated as low as possible : The article of 
liquor bearing the highest proportion, being subject to 
great leakage and wastage ; and in consequence of tlie 
partial importations of foreign spirits, and the very high 
price of grain in our own country, there must be an inev- 
itable rise take place in the value of home distilled spirits. 

The aforesaid proposal is made without reference or 
regard to any opposition bid, but from a perfect know- 
ledge of the intrinsic value of the articles contracted to 
be delivered and issued, and the difliculty of obtaining 
bread-stuff and liquor, without transporting from south- 
ern Atlantic ports, early in the spring, to places coutigu- 



75 

©us to the Northern Frontier. All of which is humbly 
mbinittcd by 

Your ob't servant, 

ELBERT ANDERSON, Jr. 

Note. — The transportation of flour from the Hudson 
;o Lake Champlain ia equal to 1 cent 2 1-2 mills per ra- 
tion on Flour. E. A. JUN. 
Vejjartmciit of War, Aa^^ \Q, 1823. 



K 



Winhington, January 2, 1813. 
SIR, — In eomplifince with a request of the Hononible 
Secretary at War, I now have the honor to annex a state- 
ment of the probable value of a ration within the District 
of New-York, and its northern and western frontier. 



Articles composing thf 
ratious. 



Prima Beef 
" Pork 
P'lour 



f^iquor pr gallon 

SMALL PA»T1 

4 lb«. soJipa 10(1 
1 \ 'bs. Canrilps 
1 ga Ion Vinft!^' 
Sail averiige pr q, 



Uuiiiiit'ii I 

i-rice at No of 
v york ratiojisl 
per bat-ljn each! 
'Tl *c ibbl fcici 



ESS 



Makiaff a 
Talue to 
the barrel 



-z C 
- (u 

- U 
■ 00 

14 50 

1150] 
a 

12 00 J 
64 



IGO 

2Gfi| 

174^ 



3 

5 
5 
6 



32 



40 

24 

18 I'i 
24 ii 



Q O 
8 80 
14C9-i'< 
U 75 



C4 



84 5 



Gen. expense of issue 5 pr cent 

Transporintinn as per weigh 
I of a raiion 






b (.zllb oz 1 
1 \i 2\ 



z|' 7. Total weight 
a ratiun 

lb 07,. 

2 8i 



4|2^ ot 



Weight of packa- 
gf- romposed ot 

b^aeis, casks andjaver. S3\ of the whole 
boxes. 



13 



5 5 



15 1 






REMARKS. 



A 08S of 7 1-S per cent 
n issueiog beef jo detail. 



C A gain (n maldnt bread 
iwherewe iia\e Oven', and 
J suitable nakers of 10 to 12 
f l-3per ceut 

i > loss on liquor in leak- 
Jape and w astagfe of 10 to 13 
( 1-i per cejjt. 



f Tbe gain to be obtained 
in the current ifl'ue, is 
I niatle in tlie purcbasc of a 
I large stock of provisions 
i and in seasons and peiiods 
^ wbeQ the market is lowest 



Transportation and m"S 
t<. 1 lallsburgh, Oswego. 
'\ias»ra and OsdPi.>hur£ 
n\ water from place^con- 
a permanent 



tiEuou", for 

dependenceorarticle.com- 
posms the rations— rained 
at one clolar uer bundred 
pouuus ITt. 



PER BATTON. 



Errors Excepted 



All of which is 
ent servant, 



respectfully submitted by your obedi- 
E. ANDERJSOJN, Jun. 
Hon. fc<ec'ry of War, Washino ton. • 

I nis leitei afiil ;ii( mil-kjih-hi i.ne gf u inst. were written by re- 
quest of Hon. James iVlonroe, to be laid betore the President. 



I 



77 
EXPOSE, 

S'uhmiticd fo the acting Secretary of War, avd Secre- 
tary of the Treasury, by request of Honorable James 
Munroe. 

Washington, Jan. 6, 1813. 

SIR, 

I liavc maturely considered the subject that occu- 
pied our conversation yesterday, as it respects a definite 
price for the rations that may be required below the con- 
fluence of the river Sorrel with the St. Lawrence ; and 
with diffidence and respect I now have the honor to state 
my views on this important subject. 

I have before stated, and 1 believe it is fully under- 
itood by the Government, that it is one of the first and 
essential requisites of a well-regulated compaign, to have 
suitable Magazines at convenient places " for the recep- 
ion and safe-keeping of provisions that shall be depos- 
ited from time to time." Those magazines should be 
remote from the depredations of the enemy, yet be local- 
ly situated, in places best calculated for the accommoda- 
tion of the resources of the surrounding country, whilst 
at the same time, they should possess the advantages of 
water communication to such points as the army may 
Bonccntrate. The amount of provision to be placed in 
deposit, must be regulated by the proportionate number 
of the army, the duration of service, and the local sup- 
plies that may be relied on within the enemy's country. 
If the number of men to be victualed is ascertained, yet it 
will likewise be of importance to the person holding him- 
self responsible for the supply, that he shoidd be well ac- 
quainted with the water and land conmnniications through 
which the troops may pass, so as to estimate with precis- 
ion the value of the rations that may l»e required ; besides 
it must be obvious to all, that the train of Horses and the 
the number of Cavalry that may be attached to the army, 
will naturally increase the demand and price of bread- 
atuft' in the rout which they shall be com[)elled to march. 
I shall not go at length in the examination oi what rer- 



I 



7« 

Sources of bread-stiifT can be relied on at places contiifu- 
oiis to the probable seat of War, because it might l)e 
considered as the exaogerations of one who is interested 
in the picture that he should draw, of the wants of a 
country, generally overflowing with corn, but now by the 
visiialions of Providence,* reduced to a bare and scanty 
BU[iply for the subsistence of its own inhabitants : But it 
will be of great imi)ortance to state that, admitting the 
next ensuing crop should be productive and abundant, 
yet the late period it is collected, the early setting in of 
the frost, and the difficulty of transporting by land to 
suitable mills, are insurmountable obstacles, to its coming 
in aid of the next cam})aign. 

But if any reliance should still be placed on the con- 
tingency of the next harvest — what will it avail, if thej 
troops of the United States should have moved in ad-| 
vance, and should have actually entered the enemy'sl 
country. In the months of October and November tht 
roads on the frontiers are impassable, t and the difficul- 
ty of transportation is increased by the early impediments 
of ice in the navigable waters. And if the army slioul 
make a rapid movement near the vicinity of the Ca|)itall 
of Lower Canada, those hazards and difficulties increase! 
in the ratio of distance from our own Frontier, without a] 
com|)etent and ample magazine is laid up in the rear 
Should a military position be taken on the river St. Law- 
rence whilst the waters are open, and a due proportioi 
of the necessary supj)lies o^ flour and liquors be drawr 
from the sea-board in season to be transported to the 
waters of Lake Champlain — then, and then only, can th« 
Government safely rely on the subsistence of her arniyl 
even should they advance to the investment of the Fori 
tress of Quebec, by a winter siege. If a general maga] 
zine should be established at Montreal, which would be 
the point of concentration for all minor stores, on Laki 
Ontario and Cliamplain, then the transportation to a poini 

* The crops of Wheat in ihe Nonhcrn and Wesleru frontier of Nei. 
Yorlv, as is m II kiiowu, faili-d and wiis dama£ed !iy t!ie w^t season ol IH ii. 

+ Gen n III 1I..11 i-oiiul tiol Cdnip lo (ii ii. Wili»iiison ai liencli Ml Is 
withsupuiksiaMuv. \^ii,ou\j on pack horses — ' failure campaign J4>i3.' 



79 

below the Sorrel, must constitute the only (lifforcnco of prire 
of the ration iu Govoiniuout. it'tiiu roiniuunicatioi).-. hy 
the waters of the !^t. Lawrence are closed either by niara- 
itiine.-siiperiurity or the nnturalolKStructionsof ice theciilTcr- 
■ence of transportation l>y carriagi:; or sletis, will bo as 2 to 
8 in favor of the water communication. But, sir, to insure 
aspeedy and certain transportation in the enemy's country 
requires a mihtary power and despotic control beyond 
the civil arrangements of simple contractsf — because the 
civil contract would always be iiable to extortion and dis- 
appointment — and iinally tlie military })owcr wouKJ have 
previously seized all the means of transportation for its 
own purpose. Thus to insure a definite price fur the 
ration below Montreal, will depend on the number of 
jnu-n to be suj)plied. Th.e amount of supplies that may 
be obtained in jjlaces contiguous to t!ic goneritl maga- 
z::!e, but c^peci■ Uy on the an euntot brcad-sluli. &c. that 
shall be secured on the seaboard before the price shall be ' 
eniianced by the demand abroad or the scarcity at home ; 
the value of transportation must, as before stated, de- 
pend on the season of the year, and nieans of transpo ri- 
al ton. The first, it is probable, dillicult for tlie Govern- 
ment to ascertain, as the movements of the enemy will 
; increase or diminish the proportion of force recjuired to 
I oppose them. The last must rest on those contingen- 

tcies, that no human foresight can control. Under such 
^considerations, 1 could not consistent with the duty I owe 
myself — that ct nfidjucc and those ol)!igaLionsJ; that are 
the property of my i. lends, and that love and feneration 
I profess for my country pi ce in jeopardy the one, and 
hazard the vital interest of the other, by undertaking a 
responsibility so fraugiit with difficulties and unforeseen 
ev. nts. 1 have thereiore to suggest the propriety of 
having a spcrial organiird staff, for the pur[)o>e of tians- 
porting the public provision from the Depots th:o;;gh the 

t In ouro\vn terri orv and in pojiula ed distiii ts it Jss.ifp, cfiiai , -itwl must 
eciiniimiral — in (iis'ai'.! Ironlit'i's iiiid in llie en>niy's Cfuniry, sik li a- .-.t-u. 
Ja(•^son IruverKt-d in lliw St-ni:niple war, ruiiiiiirv power niuit be lesoiliii 
to; iir!e-»(l tlio civil e.iiitract, is noi oluainaljlo. 

5 A bond was ^iv.-n m he sum ui' luuth O dollars, with t!ie |;irnMiitfe 
for the tuiftlinenl ol the contiacl ul six r?>i>?<::ab!c and Tiealiliy cilisens. 



I 



82 

AyiTICLS?« OF AGREEMENT, made on the Twen-3 
tj'-Fifth clay of February, Anno Domini, One Tlioustnd 
Ei-flit Hundred and Thirteen, between John A. m^stroiig,. 
Secretary for the Department of War of the United- 
States of America, of the one part, and Eibert Anderson^ 
Junior, of the City of New-York, of the other part. 

This agreement witnes^cth, that the said John Arm- 
stron;?, for and on behalf ofthe United States of America, 
and the t<aid Elbert Ander.son, Jun. his heirs, executors- 
and administrators, have niutually covenanted and agreed,'' 
and by these presents do mutually covenant and agree to 
and with each other, as follows, viz : — 

First. — Tiiatthe said Elbert Anderson, Jun. his heirs, 
executors or administrators, shall supply, and issue all the 
rations, to consist of the articles herein after specified, 
that shall be required of him or them for the use of the 
United States, at all and every place or places where 
troops are or may be stationed, marched or recruited 
Witiiin the limits of the State of New- York and the Wes- 
tern and Northern vicinity, within the Canadas, thirty 
davs notice being given of the post or place where rations 
may be wanted, or the number of Troops to be furnishedi, 
on their march, from the first day of June, eighteen hun-| 
dren and thirteen, to the thirty first day of May, eighteen 
hundred and fourteen, both days inclusive ; at the folh)w- 
ing prices, that is to say, at any place where rations shall 
be issued within the City and Harbor of New- York, and 
the encam[)ment of (irreenl)ush, at fourteen cents eight 
miJb per ration : at all other places within the state of 
New-York and the Canadas, at seventeen cents five 
mills per ration : provided, however, that for all rations 
required within the enemy's territory, the price ofthe ra- 
tion shall be augmented in proportion to the expense nf 
trans})ortation and issue in the enemy's country. T le 
sv!pi)lies having been delivered on account of 'Govern- 
ment at magazines, designated for that purpose, within 
the state of New-York, and when it may become neces- 
sary, the public agents, boats and teams shall be employ- 
ed ill transportinij from such depots by order of the Com- 



1 ps 

i . 

I ttianding General, on representation of the Gontractor, 
or liis proper agent, that such transportation cannot be 

' fin-nt<ho(l indcpon(U;ntly of the army assistance : Provid- 
ed, also, that the Contractor sliall at all times have rcason- 

i ahle notice, when ami wiiere deposits are to be made for 
trmsportation into the enemy's country, as well as the a- 
niDunt required for that |)urpose. Where the price of 

• the ration is fourteen cents eight mills, the prices of tlie 
' component parts of the same shall be, for meat, five cents 

• five mills ; for bread or flour, four cents eight millf* ; li- 
' qiior, three cents five mills, small parts, one cent. Where 

the price of the ration is seventeen cents five mills, the 
' price of the component parts of the same shall be, for 
meat, five cents five mills, bread or flour, seven cents 
five mills ; li<]nor, three cents five mills ; small parts one 
cent. The prices of the component parts of the small 
parts of the ration shall be, eighteen cents per pound for 
' candles ; twelve cents five mills per pound for soap ; four 
cents five mills per quart for vinegar, and two cents five 
mills per quart for salt : Provided also, that the thirty 
■days notice required to be given by the government of 
'the port or place where rations may be wanted shall not 
be understood, to apply when the rations are taken from 
1 any deposit previously made on account of the Govern- 
ment. 
' I Second. That the ration to be furnished and deliver- 
I ed by virtue of this contract, shall consist of the following 
' articles, viz : one pound and a quarter of beef, or three 
' quarters of a pound of salted pork ; eighteen ounces of 

• bread or flour ; one gill of rum, whiskey or brandy ; and 
s at the rate of two quarts of salt, four quarts of vinegar, 
■four pounds of soap, and one pound and an half of can- 

I dies to every hundred rations. 

t It is understood, that it shall be in the option of the 

• General, or Officer commanding an army or a great mili- 

II tary district, in all cases not otlierwise provided for by 

• this contract, to direct when and how often fresh or salted 
■ meat shall be issued by General orders to be promulgated 
1' 51 reasonable time before tiie issue is to commence ; that 

L 



82 

article:^ of agreement, made on the Twen- 
ty-Fittii (]aY uf February, Anno Domini, One riKjiisuul 
Eisrht Hundred and Tliirteen, between John A.instrong 
•Secretary for the Department of War of the United- 
State;; of America, of the one part, and Eibert Anderson 
Junior, of the City of New-York, of the other part. 

This agreement witiiesxeth, tliat tlie said John Arm- 
strong, for in I on behalf of the United J^tates of America 
and the said Elbert Anderson, Jun. his heirs, executor.' 
and administrators, have mutually covenanted and agreed 
and by these presents do mutually covenant and agree tc 
and with each other, as follows, viz : — 

First. — That the said Elbert Anderson, Jun. his heirs 
executors or adsninKstrators, shall supply, and issue all the 
rations, to consist of the articles herein after specified, 
that shall be required of him or them for the use of the 
United Estates, at all and every place or places where 
troops are or may be stationed, marched or recruitec 
w.thin the limits of the State of New- York and the Wes- 
tern and Northern vicinity, within the Canadas, thirtj 
days notice being given of the post or place where ration.' 
miiv be wanted, or the number of Troops to be furnishei 
on tlicir march, from the first day of June, eighteen hun- 
dren and thirteen, to the thirty first day of May, eighteer 
liuii bed and fourteen, both days inclusive ; at the follow- 
ing prices, that is to say, at any place where rations shall 
be issued within the City and Harbor of New- York, anc 
the encampment of Greenbnsh, at fourteen cents eigin 
j?u7/.« per ration : at all other places within the state o 
New- York and the Canadas, at seventeen cents five 
mills per ration : provided, however, that for all rations 
required within the enemy's territory, the price of the ra- 
tion shall be augmented in proportion to the expense 
transportation and issue in the enemy's country. T '6 
supplies having been delivered on account of 'Gove; n- 
nient at magazines, designated for that purpose, withir 
the state of Nevt'-York, and when it may become neces- 
sary, the public agents, boats and teams sh:dl be empl(>y- 
cd in transportiujf froiu such depots by order of the Com- 



I, 



88 

ttianding- Genernl, on representation of the Gontrnctor, 
or liis proper ageiit, (liat such trausporlation tuiiiiot, he 
|tiirnishe(l indeponrhaitly of the army assistance : Provid- 
sd, also, that the Contractor shall at all times have rcason- 
^Uc notice, when and wiiere dej)osits are to be made for 
transportation into the enemy's country, as well as the a- 
Mount required for that pnrpose. VViiere the price of 
';he ration is fourteen cents eight mills, the prices of tlie 
))oniponent parts of the same shall be, for meat, five cents 
'ive mills ; for bread or flour, four cents eight mills ; li- 
'jHor, three cents five mills, small parts, one cent. Where 
he price of the lation is seventeen cents five mills, the 
orice of the component parts of tlie same shall be, for 
neat, five cents five mills, bread or flour, seven cents 
ive mills ; liquor, three cents five mills ; small parts one 
ibnt. The prices of the component parts of the small 
!)arts of the ration shall be, eighteen cents per pound for 
'andles ; twelve cents five mills per pound for soap ; four 
Kcnts five mills per quart for vinegar, and two cents five 
iiiills per quart for salt : Provided also, that the thirty 
tays notice required to be given by the government of 
he port or place where rations may be wanted shall not 
le understood, to apj^ly when the rations are taken from 
ny deposit previously made on account of the Govern- 
iient. 

Serond. That the ration to be furnished and deliver- 
d by virtue of this contract, shall consist of the following 
hides, viz : one pound and a quarter of beef, or three 
uarters of a pound of salted pork ; eighteen ounces of 
read or flour ; one gill of rum, whiskey or brandy ; and 
t the rate of two quarts of salt, four quarts of vinegar, 
\mr pounds of soap, and one pound and an half of can- 
iles to every hundred rations. 

I It is understood, that it shall be in the option of the 
reneral, or Ofliicer commanding an army or a great nnli- 
iry district, in all cases not otherwise provided for by 
lis contract, to direct when and how often fresh or salted 
' leat shall be issued by General orders to be promulgated 
i< reasonable time before the issue is to commence ; that 

L 



S4 

in all oases where snltcd provisions are issued, tlie article 
of salt s!n-.ll not be required ; that the Contractor ?uall 
always ipsue flour two days in every week, and the option 
of bread or flour for the remainder of the week to be with 
the Contractor. 

Third. That supplies shall be furnished by the said 
Elbert Anderson, Jun. his heirs, executors or administra- 
tors, at the fortified places and military posts, that are or 
may be established in the limits aforesaid, upon the requi- 
sition of the Commandant of the army or a post, in such 
quantities as shalll not exceed what is sufficient for the 
troops to be there stationed, for the space of three months 
in advance, in good and wholesome provisions ; consist- 
ing of due proportions of all the articles forming the ra- 
tion. 

It is understood that if the Contractor shall be required 
to deposit provisions at one place or post, and shall af- 
terwards be required to move them, to be delivered at 
any other place or post, the expenses of transportation 
to such other place or post shall be borne by the United 
States. It is also understood that all supplies are to be 
originally delivered at the posts where they may be requi- 
red, without expense to the United States. 

Fourth. That whenever and as often as the provis- 
ions stipulated to be furnished under this contract, shall, 
in the opinion of the Commanding Officer of the post or 
place where they are offered to be issued, be unsound, 
unfit for use, or of an unmerchantable quality, a surve 
Bhall be hold thereon, by two disinterested persons, on 
to be chosen by the Commanding Officer, and the other 
by the said Elbert Anderson, Jun. or his agents, and int 
case of disagreement, a third person to be chosen by mu 
tual consent, who shall have power to condemn sucli parti 
of the provisions as to them may appear unfit for use: 
but if the said Elbert Anderson, Jun. or his agent, shall 
fail or neglect to appoint a person to inspect the said pro- 
visions, after reasonable notice in writing, it shall be per- 
mitted by the said Commanding Officer to appoint such, 
persons as he may think proper, to inspect the provis 



i 

I 






85 

ions, under oath, with power to condemn, as afore«ai.d. 
AfKlall pi-ovision.-; condetnnod by ;'ii. :, ;5iirvey or inspec- 
tion, ni;iy be destroyed by ihc Comnuuiding Officer. 

Fifth. That the Commanding General, or person 
api^ointed by him, at each post or place, incase of abso- 
kito failure or deficiency in the quantity of provisions con- 
tracted to be dehvcred and issued, shall have power to 
supply the deficiency by purchase, at the risk and on ac- 
count of the said Elbert Anderson, Jun. his heirs, execu- 
tors or administrators. 

Sirth. That all losses sustained by the depredations 
of an ensmy, or by means of the troops of the United- 
States, in articled intended to compose rations, to be issu- 
ed under this contract, being the property of the Con- 
tractor, as well as in other properly necessarily used in 
transporting the samf, shall be paid for at the contract 
price of the rations, or the component parts, and at an 
appraised value of the other articles, on the depobition of 
one or more credible characters, and the certificate of a 
Comraisisioned Officer when the same can be obtained, 
ascertaining the circumstances of the loss, and the amount 
of the articles for which compensation is claimed. 

Seventh. That escorts and guards for the safety of the 
provisions, and for the protecting of the cattle against an 
enemy, shall be furnished, whenever, in the opinion of 
the Commanding Officer of the Army, or of any post, to 
whom application may be made, the same can be done 
without prejudice to the service, and the said Elbert An- 
derson, Jun. his heirs, executors or administrators shall 
not be answerable for any d«ficiency of supplies, at any 
of tiie said posts or places, if it shall appear, upon satis- 
factory proof, that such deficiency was occasioned by the 
want of proper escorts and guards. 

Eighth. That at all stationary posts, proper store-hous- 
cs shall be provided on behalf of the public, for the I'ecep- 
lion and safe keeping of the provisions deposited from 
time to time, at such posts respectively ; and the Contrac- 
tor .-<hu]l suffer no loss for want of such stores. 

Ninth. That the said Elbert Anderson, Jun. his heirs. 






86 

exofiitors, 6r administrators, shall render liis or their na 
counts to the Accountant of the Department of War, for ; 
settlement, at least once in every three months, agreeabljri 
to sucli form as by the said Accountant may be establish- 
ed and made known to him or them. 

Tenth. That all such advances of money as may be! 
made to the said Elbert Anderson, Jan. his heirs, execu- 
tors or administrators, for and on account of the supplies! 
to be furnished, pursuant to this contract, and all such i 
sums of money as the Commanding Officer of the troopS 
or recruits that are or may be within the limits aforesaid 
may cause to be di^bnrse<l, in order to procure supplies, 
in consequence of any failure on the part of the said* 
Elbert Anderson, Jun. his heirs, executors or adminstra- 
tors in complyin<j with the requisitions herein contained, 
shall be duly accounted for by him or them by way of set- 
off, against the amount of such supplies, and the surplus, : 
if anv, repaid to the United States, immediately after the \ 
expiration of the term of this contract together with an I 
interest at thcrate of six per centum, per annum /ro7« the 
time of such fX])ir(ition until the same shall b« actually re- 
payed and that if any balance shall on any settlement ol 
the accounts of the said Elbert, Anderson, Jun. his heirs, 
execute! J' or adminstrators, be found to be due to him or 
them, for or on account, of the rations which shall be suppli- 
ed, pursuant to this agreement, the sa;»,<;s/ia//im/yie<Ziafe/y 
he paiti, and ihat no unreasonable or unnecessary delay, 
on the pait of the officers of the United States, shall be 
given to the settlement of the accounts of thesaid Elbert .■ 
bert Anderson, Jun. his iieirs, executors or adminstrators, 
|n-oviiled, however, that no niemb(;r of congress shall be * 
admitted to any share or [)art of this contract ; or to anjr 
benefit to arise therefrom, 

IN WIT NESS tchereof, the said Secretary of War, 
for and on hchnif of the United States, hath here- 
unto suh.<cribcd his name, and affixed the Seal of 
the iVar Ofjice of the United Slates ; and the $uid^ 



87 

PJhrrf Ajfi^n'ftnn, .Tun. hath hcrt^nnio set his hana 
ami seal the duij and year first ui'ove written. 

JOHN ARMSTRONG. 

(Seal U. S.) 

ELBERT ANDERSON, Jun. 



Signed sealed, and delivered ) 
in the prcxence of 3 

DANIEL FARivER, 
GEORGE BOYD. 



Whereashy a certain a-j'-eemeiit made on the 25th Feb- 
tiary eighteen hundred & thirteen, Between John Arm- 
Btrong, Secretary at war. and Elbert Anderson, Jun, of 
ol' State of New- York , it was stipulated that Magazines 
of Provision may be required of the said Anderson, for 
armies Sl troops of the United States. Noic therefore it is 
agreed between the said John Armstrong and Elbert 
Anderson Junior. 

First. That whenever deposits are ordered and have 
been made accordingly, an inspection shall be had, and 
an inventory sludl be taken as soon as practicable, which 
shall comprise all such supplies as shall have been actu- 
ally deposited for the United States by virtue ofthe said 
Agreewent, and a c r ifica'C of such inspection and inven- 
tory furnislied to the said Elbert Anderson Jun. or his 
agent. 

Second. That where issues are to be made from snch 

deposits, the said Anderson or his agent shall be called on 

for that purpose, and du]tlicate receipts given therefor 

by the said party ofthe second part or his agent, exprcs- 

. eing the quantity and quality of each article. 

Third. That the party of the second part shall ac- 
count to the United States for all the supplies which shall 
be receipted for, as in the jjreceding article, he b(;ing al- 
,; lowed however a deduction of twelve and a half per cent 
» a full allowance for wastage, lealiageand damage of 



88 

n-liatever nature, excepting only such losses as tnay h 
occasioned by fire, water, an enemy, or by tlio troops o 
the United States. 

Fourth. That the party of the second part shal 
account to the. United States for all the supplies whiclii 
shall be receipted for, as in the preceding article, issue afe? 
supplies as aforesaid to the troops at the several posts, ii', 
rations to consist us follows, viz : 

Eighteen ounces of bread or flour, 
One pound and a quarter of beef, or 

three (juarters of a pound of pork. 
One gill of rum, lirandy or whiskey, 
and at the rate of two quarts of salt, four quarts of vinegnii. 
four pounds of soap, and one pound and an half of can 
dies to every hundred rations. 

Fifth. That the said party of the first part shall pa; 
©r cause to be i)aid to the said j)arty of the second pari 
6ne cent for every ration which ho shall issue as befon 
recited, as a full compensation for his trouble and ex 
pense in issuing the same, the transportation being fur 
nished by the Government when the same may bccom 
necessary, and always at the public expense within thi 
enemy's country. 

IN WITNESS whereof, the said Secretarij of Wdi 
on behalf of the United States, hath hereunto siih 
scribed his name, and affixed the Seal of the Wa, 
Office of the United States ; and the said Elbeij, 
Andcrsmi, hath hereunto set his hand and seal th 
day and year last above written. 

JOHxN ARMSTRONG. 

('Seal U. S.) 

ELBERT ANDERSON, Jun. 

Si<fncd sealed, and delivered ) 
in the presence of ) 

DANIEL PARKER, 
GEORCIE BOYD. 



War DcjJartmnit May 17, 181S. 

Yoiirletttcr of the 12th inst. has been received ; 
! orders have been given regulating provision returns, a 
! copy ofwhich will V: o transmitted to ) oii. The superin- 
lendant General ofmililary supplies has been instructed 
relative to the kind and form of vouchers necessary to 
entitle you to a credit for deposits. 
I am sir, 
Your's, &e. 

JOHN ARMSTRONG. 
1 Elbert Anderson, Jun. 
I Army Contractor. 

CIRCULAR— INSTRUCTIONS. 

IT is necessary for every issue to be accompanied by 
a regular Provision Return, signed by the commanding 
officer ; if one or more Companies are stationed at a post 
or place, the senior officer on command, will embrace the 
: whole number, as per form annexed ; otherwise the 
signature of the senior officer will be required to each 
1 company return ; but it being more consistent with miii- 
' tary practice to embrace the whole issue in one schedule, 
the contractor will issue 1 he whole, or distribute to each 
I company. At the end of each month tlicsc returns will be 
I inserted in an abstract, from the commencement to the 
end or iXie. calender month, in the form and manner pre- 
scribed. If any extra liquor, or other parts of a ration 
are issued, the total amount of rations issued, and the ex- 
tra (if any) must be inserted inicords at full length, at 
the foot of the provision return, as well as in the body of 
the certificate of the monthly abstract. The column of rc- 
marks, should always explain to whom the issue is made, 
" to troops on a march," " to milttia,'''' &c. at a sta- 
tion. — In furnishing troops on the march, it will l)e expec- 
ted you will obtain the signature of the commanding' 
Officer at the station they receive the rations. Such issuo 



99 

cnn be inserted in the abstract of rations issued at tliat.i 
post ; ]>iit if no senior Otiicer siiould be at the post, youif 
will have a blank abstract specially filled for the provis- 
ions, fnrnished to troops on the march, and the officer h.n" 
iv.g command, will sign the same when you issue the ra- 
tions. 

T/>c hlaiiJxs are filled zip in Ike returns annexed, and 
the day^i draicn for are four, being as few as are seurr- , 
ally drawn for in the regular sereice ; hut commanding i 
officers have an undoubted right to vary the number of 
days. 

All commissioned Officers whilst in the service of the U. 
States, are allo\vedby law, according to rank, a respec- 
tive number of rations per day in kind or 20 cents in lieu, 
by the war department, for each ration, which is designa- 
ted their subsistence aecouiit. If any officer siiouid be 
stationed at a remote place, where it may be his intercut to 
draw his subsistence in kind, from the contractor, 
in lieu of money from the war department, or 
paymaster, it will be necssary to furnish the con- 
tractor a special return, that the rations are a part 
of his subsistence for the number of days meiitinn- 
ed ; or, if an officer should take a waiter from the line of 
the army, and give him maintenance at his own expense, 
he can draw rations in kind or commute Avilh the contrac- 
tor in money, in lieu for such waiter's rations as a 
soldier from the line ; the waiters' name ought likewise 
to be mentioned in the return. This, as well as every 
provision return, must be signed or countersigned by the 
commanding officer at the post or place where the rations 
are furnished. It is hardly necessary to remark, that 
the contractor will receive no more for the albresaid ra- 
tions, than the general contract price. 

Your's respectfully. 

ELBERT ANDERSON, Jr. ContraciQT 



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97 

War Department, May X^Sth, 1814. 
Sir— 

Yoii will take measures to have the provisions ou 
Lake Chaniphiin inspected, and the quantity ascertained 
to be on iiand on the first of June next. You will cause 
returns oi'tlie same to be made to tliis Department, and 
receipts given by t!ie store-keepers to the present con- 
tractor. These returns and receipts will desifjnate by 
whom, iclien and ichcre, the jn'ovisions have been depos- 
ited. 

You will also direct the necessary arrantjcments to be 
made to secure the regular issues from tlie same, until ilie 
new contractor, or other authorised agent or agents, arrive 
to take possession of such balance as may remain on 
hand. 

I have the honor to be, &c. 

JOHN ARMSTRONG. 
Maj. Gen. Brown, and to > 
Maj. Gen. Izard. ) 

Commanding on Lake Ontario and Chamjilain. 



(CIRCULAII.) 

Washington, Blay Wth, 1814. 
SIR, 

On the first day of June next my contract for the 
supply of rations expires by its own limitation : up to 
that day you will cause all your abstracts of issues to be 
completed and signed by the seignor oflicer at the post, 
and you will deliver in deposit all the provisions you have 
belonging to the contractor, to such Store-keeper or 
Deputy Quarter-Master as may be on the post, and shall 
be dHlif authorized by the commanding General to take 
charge of the same, and give you triplicate vouchers as 
per Blank A. for such deposits. If you have on the 1st 
of June public provision from a lucvious deposit, or any 
other kind received by you for iss;ue, all such unconsumed 
provision you will likewise deliver over to the authorized 
agent and take duplicate receipts specifying by whom 



I 



98 



and where received ; those vouchers will constitute tlie 
contractor's credit with the War Department, and will 
be transmitted without delay to my agent at Albany. 

You have been rcijuired to forward a copy of all re- 
ceipts you may have given for public provision, received^ 
bij 'i!ou or your Deputies for issue — particularly specify-j 
iag from whom, and what deposit those supplies haveij 
been received. It is charged upon you to comply withi 
this injunction, so as to enable me to close up my accounts, 
•M\(\ gicc Gorernmoit credit for suck provision as havei 
been received for issue. 

As your agency will close on the first day of Junei 
next, you are directed to make out an account current ini 
the form that has been prescribed to you, and transmits 
the same to my agent at Albany, with your signature at-^ 
tached to the same. You need not be reminded that the 
most accurate vouchers are required for expenditures ap- 
pertaining to public accounts, duly certified by senior of- 
ficers, and that like vouchers will scrupulously be expected 
in your purchase and expenditures in behalf of your prin- 
cipal. With great respect, &c. 

ELBERT ANDERSON, 

Army Contractor, 

James Thorne, Esquire, and others. 



Washington, May 25th, 1814. 
f?ir— 

I have the honu;- to inform you that I have voIuH' 
tarily repaired to this city with a full expectation that myJ 
accounts for current issues and deposits under my con- 
tract, dated November 7th 1811, and which expired on 
the 31st of May 1813, would have been duly audited, and 
an official report made on the balance of that contract, 
I have nov/ remained in this city three weeks, anxiously 
exjiocting a report from your department on the balance 
ol'tliat contract, as well as a report on the vouchers ren- 
dered to your ofncc up to the 28th of February 1814, for 
supplies undsr my contract, dated 25th February. 1815. 



1 



99 

I sliull repair as soon as possible to Ncw-YorT\, and 
sivill bo [)loa5>e;l to receive .such instructions tVuni yuu as 
will enable me to clo.se with satisfaction all my acci nuts, 
and as soon as the jiresent contract terminates, 1 t^hall 
' lose no time in t'urnishinij your tleyiartn cnr an account 
current, in su,/i form and manner, as shall easily be 
; prescribed. 

With respect, I remain your most Oht. Forvt. 

ELBERT ANDERSON. 
Wm. Simmons Esq. Accountant's Dept. 

(True copy) Peter Hagner, Auditor. 

I 

i Sachets Ha rhor, Jii lit, 1 P 1 4 . 

I SIR. To enable me to provide for the imviec/iatcsnb- 
• mteiice of the Army of the United States, in this dis- 
trict. I shall need the whole stock of provisions purchas- 
ed by the late Contractor, and on liand in this district 
iOn the 1st. of June. I therefore, obligate myself to re- 
\ceiTe the same wherever it ma if have been deposited, at 
my contract prices of the several component ],arts of ra' 
lions, noticithstanding there may by an undue projwr- 
tion of some articles, and a deficiency of others. The 
commanding General of Posts or the Officers of the Qr. 
Mr. Genl's. department, I ])resume have authority, to de- 
liver over the articles to my authorised Agents, on their 
giving the necessary vouchers, which I shall instruct them 
to do. 

1 conceive myself entitled to all thcbcvefits of this ar- 
rangement, as they are secured to me by my contract, 
and this will also" preclude all controversy which might 
possibly arise respecting the propriety of some of Mr. 
'Anderson's deposits.* 

I am respectfully, Sir, your ob't. servant, 

WM. D. CHEEVER. 
To William Simmons, Esq. Accountant War Dep't. 



• This is given as a copy of the letter called for from the files of (he offire; i£ 
irss written by tlir late ^Vm. D. ('heev> r. without thi- Inoivji'ilircor C' ncnrri nee 
jfE. An !prsoii: itcl' arfy shmv>,thr si pplif-in equal or unequal parts iverecoH- 
luciveto the piihlic interest and Cheever's satet/ 

N 



lot 

Nnc-York, Sept. 24, 1814. 

Sir— 

I have tlio lionor to forward you three Gener{ 
AI)strat;ts of provi.siuns, deposited by Government, di 
rin.f the current year of my contract, dated 25th Fel 
1813, in which I iiave charged and credited the Goveri 
mont, with the amount delivered, and afterwards recei\ 
ed back tor issue by my agent, viz : 

Schedule no 1 for Lake Ontario vouchers No. 1 to 2i 
Do 2 " Champlain 1 W 

Do 3 " N. York & Sag Harbor 1 i 

i have had those vouchers for t-ransmission for some tin; 
back, but the (Htficulties that occurretl at Washington* de 
terred me from forwarding them, I pray you will enter o 
the examination as soon as possible, and at this critic; 
pe-iod it will be pleasing to receive from your office a 
acknowledgment of papers so important to the adjus ' 
ment of my accounts. 

With sentiments of respect, 
I remain, t&c. 

ELBERT ANDERSON. 
Hon. Richard Ciitts, 

fSuperintcndant Gen. public supplies, 
Washington city. 

[ansukr to the above. t] 

Siip't. Gen. office, IVfig/itJigfon City, Oct 14, 181^ 

Sir — The several abstracts of provisions forwarded h 

you to this office, have licen examined ; the persons wi; 

whom (lej'osits lijve been made, will beheld accouutub, 

for the same to tiiis office. 

1 am respcci fully, sir. 

Your most ob't. serv't. 

RJCHARD CUTTS, 

tSiij). Gen. Mil. Supplie 
Elbert Anderson, Esq. N. York. 



5 
* lir iitl..i'4 .u 'Siiiiigiun an . .lestriiction of (he War Office ill latterp; 

t "^I'lnember £6\h, 18J4. Acknowledges the receipt, Sic. 



101 



Correspondence and Documents on the claim of 
Interest, S^c. 



Albamj, March 22, 1014. 
SIR, 

In consequence of the refusal of the draft for 

87. 500, tlie l>aiik calls on me to make good tliat sum, 

which I must do by a discount, and j)ay them interest 

from the time it was passed to my credit, which was on 

the 26tii Fel)niary. The interest already (\\\fi amounts 

ii| to nearly 500 dollars, which sum is lost unless govern- 

^ nientwill pay, which I think is a just charge to tiiem, as 

»! well as what will accrue on said draft until [laid. To- 

i| morrow being discount day, I must renew the note for 

«! ^60,000, payable on the 26th inst. The discount I think 

ij justly chargeable to government ; the above two sums 

will make my note appear at the Bank to the enormous 

sum of $147,500, which will preclude my claim for any 

I further discount at present. My balance in bank this 

day $20,129, making yourcheck good, will leave $10,129, 

I have drafts and acceptances to pay this week $10,5^4, 

, shall be under the necessity to make a draft on you for 

the $10,000 back again. I presume you will have no 

ditticulty in procuring a loan from one of your Banks for 

a short time to meet my drafts. 

Yours, &c. 
|§ ISSAIAH TOWNSEND. 

Bt Elbert Anderson, Esq. 

^ New- York, March 31,1814. 

SIR, 

I am induced to write you in consequence of ad- 
vices from Albany, that the draft in favor of I. Townscnd, 
Esq. for $87,500 has not yet b(!en answered, and tiiat 

' the payment of my draft in favor of J. Burr. 11, Esq. for 
;*(150,000 is not yet come on. To .dio^v von n cue view 
the amount I now stand indebted the Siatc Bank at Al- 



102 

Im'^y afovr. m bplialfofGovcriiment supplies exclusively, 
I si'iul you the original letter of I. Townsend, of 22d! 
inst. since wliich I have received from hiin a letter of 
29tli, in wliicii lie says, additional drafts have been 
presented to liini for payment on behalf of purchases, 
&c. for 27,000 dollars, and not having the means where- 
with to rec-eive the funds, he has been compi^lled to sus- 
pend payment. Thus, sir, do I stand indebted for (lis 
bursements in behalf of government rising 175,000 dol- 
lars. 

My account for December and Januaiy, 1814, i^^ now 
com])leted, and shall be sent on in a few days ; for the 
two montiis they amount to 191,440. 20 ; and byyestei-- 
day's ste un-boat I have received abstracts for the month 
of February, (exclusively of the Army at Plattshurg) 
that will niike the issue of February amount to 87,500, ' 
making together 278,940.20. 

By this statement of that Quarter ending 28th Febru- 
ary, was predicated as pre umed, amounting to 288,170' 
dollars, whicii was 95,000 dollars less than the preceding 
quarter ; yet for an actual disbursement of 278,940 dol- 
lars I have drawn only 150,000 dollars. 

One month of the last quarter of my contract expires 
this day, and with the assurance before me of the pre- 
ceding (|uarter exceeding 278,940 dollars. Yet I have 
foreborn to draw on your dc})artment for fccar at this 
time of embarrassing the finances of Government, but in 
the course of a few days I shall be under the necessity of 
drawing at a few days sight for necessary funds to deiiay 
the expenses of the current quarter. 

Your's, (fee. 

ELBERT ANDERSON. 
Hon. John Armstrong, Sec'ry War. 



NcwYorh, April 20, 1814. 
SIR, 

T have this day forwarded to the Accountant's de- 
partment my account of current issues for tlie month of 



103 

Febmarv, IHl-'l, as per voucher (AO 

No. 110 72. 8G 159 18 2 

Militia Do (BO 

No. 1 to fi. 20 0G4 67 

Quarter-31uster Department 2 00 

Amount to 3106 225 85 2 

The Dec. & Jan. amount forward- ) -.(.^ ;, ..r.r-.i r 

ed on 1st inst. amounted to S 



Makin-T a total for the Quarter end- > ,,,v7)n~ r-/-/- /- -. 
nig Joth oi r ebruary ) 

In two or three days I shall visit the seat of <Tovern- 
ment, and sliall have the honor to confer with you in per- 
son on the adjustment of my accounts. 

With great respect, I remain vour ob't serv't, 

ELBERT ANDERSON. 
Hon. John Armstrong, Sec'ry War. 

True cupij. — C. Vandeventer. 

New- York, Oct. 1.5, 1814. 
Sir — I have tlie honor to en .lose you the ad(Htional 
voiuhers to complete the account of 4th quarter, dated 
25th Feb. 1813. 

Amount .$109,848,49,8 
and the additional credit to the U. States for provision 
received back for issue of 25.550. 05. 5 the receiptof which 
you will do me tlie favor to acknowledge, and cause the 
same to be placed under examination. 

I have likewise the honor to enclose you a jjeneral ac- 
count current for the contract dated 25th Feb. i813, in 
which it is found a balance due me of $263,004,53,2 ; 
I -there are some vouchers of losses on the Niagara yet to 
be furnished, and other provisions on hand fst June, of 
those deposits of which I have given credit to the U. 
States, in gross they will constitute a further claim on the 
U. States, but being anxious to have the official cxami- 



104 

nfttion, and a report on my accounts vvMi a v-ew ^o receiv( 
fclie balance, and iliscliarge tliose tleni ind.s .vnicli .some o 
«ur l)anks liave loaned to me. i have lost no time ii 
inakinij up those accounts, the balance of which 1 fee 
«o!ifideat the justice and good faith of the governmen 
wiil promptly liquidate. 1 shall therefore await your an 
swer with considerable anxiety, and hold myself in roa 
diness to repair to Washington, to give your departnien 
every explanation that may personally be required. 
I have the honor, &c. 

ELBERT ANDERSON. 
Tobias Lear, Esq. 

Accountant War Department. 

New- York, Ocioher 17, 1814, ' 
SIR, — Enclosed you will receive the Uiiarter-Maste- 
General's receipt for the provisions placed on board o 
boats in the descent down the St. Lawrence, 1813. Af 
this was made only a charge in kind of my account o 
deposits for Lake Ontario, forwarded 22d August, 1813 
it was omitted to be sent to you. The receipt given t( 
the Quarter-Master for this provision is likewise a nom 
iiial charge against me ; the amount lost is the real difter 
ancc, and is the only amount carried out against the Uui 
ted S>tates. 

In the balance as stated by me against tlie U. Ftate.' 
in general account current, viz. 2o3,()U4..53 2 dollars tlitr( 
i(5 16,843.75 dollars under the head of contingencies, i 
part of this arises from the auguieiited price of the ration 
and the other in violation of contract and damage dene 
ine by the interference of late major-general Wad( 
Hampton. The correspondence on this subject is oi 
the files of the War Olfice. In making up my account? 
1 have studied to conform to the rules and regulations o 
the accountant's department ; my au'ents may, in somt 
instances, have departed from the rules laid down foi 
their government, but I trust in those cases, if any, the of 
ficers of government have been to biame ; sooie ignorant 



193 

«f tl^rir flutv, nnd otliors pleading liaste necessary to a 
nurcli, ot clnn'.'e oft^tation. 

1 liavo the consulatioii to believe, that in five and a 
half years' service under three different heads of the War 
de!)artm('nf, T have di^ch^rged the trust reposed in ni© 
with zeal and fidelity. In expressing a willingness to re- 
pai'- to Washington with such dui)Iicatc papers and other 
vouchers as I possess, and to give personal explanation 
(if any are wanting) 1 consult the mutual satisfaction that 
may lie derived, and the convenience of your tinietogiva 
a final decision to my accounts, for mj>e!f, I shall not re- 
gret the loss ot time, nor the expense it will give me, but 
will cheerfully repair to your office by the return of mail, 
provided it will be convenient for you to give the examina- 
tion required. 

With consideration of personal respect, I have th« 
honor to remain vour ob't servant, 

ELBERT ANDERSON. 

Hon. Tobias Lear, Acc't War Dep't. 
A true copy of the original on file in this office. 

Peter Ilcigna', Auditor. 



New-Yoric, Oct. 26, 1814. 

JksIR, — My contract for the supply of rations to the 
troops of the United States (within the state of New- 
York and the Canadas) having exi>ired by its own limit- 
ation on the 31st May last, I have lust no time to bring 
u|) my accounts for sup[>lies under that contract, and 
have furnished the accountant of the war department 
with vouchers and account current, in which it appears 
a balance of ^'263,004 53 2 is claimed by me. It is with 
eonsiderable regret 1 find that the pressure of business 
in the accountant's department is so great at present as 
to exclude the possibility of his reporting on the state of 
mv claims so as I could come in possession of the whole 
balance due me, which would have enabled mc to dis- 
•liarg« the demands whieU have grown out of that eon^ 



106 

tract, and likewise to pay the heavy accomoflations now 
due to t!i(! Blinks of Albany for the loans had of them for 
those supplies which I hope were providentially laid up, 
and jfone to the subsi&tence of the army, until this late pe 
riod oftlieca)upai.c;n. 

The i?nperintendant-General of public supplies, hasf 
taken up the examination of all my deposit abstracts, and 
h;is advised me that these vouchers have been duly eX' 
amined, and the persons who have receipted for the prO' 
visions are held accountable. 

As soon as the )>resent contractor entered on the dn 
ties of his office, he had the foresight to see that he could 
not supply other than from those deposits which had beeni 
made by his predecessor : with this view the Ilono'a- 
b'e Secretary will perceive the necessity of being provid- 
ed with the amount of my claim, but knowing (as I have; 
known) the low state of the puldic treasury and the frreati 
increasing wants of the Covernment, I have forborne to 
draw on y(un- department, but must now discharo-p the 
obligations due to my creditors, as the period ofpavment 
was only protracted until my accounts could be condens- 
ed and forwarded to the Government. 

I thcrpfore have the honor to dra^v on vour depart- 
ment for One Hundred and Fifty Thousand Dollars, in 
favor of W. Fish, Esq. Cashier, at sight, and Fifty Thou- 
sand df)llars at 1 '> days after date in favor of W. Fish. — 
One of these drafts 1 ought undoubtedly to receive in 
cash, as Treasury Notes are now below par three to four 
per cent; but if no money can be received, I must con- 
tent myself with the alternative of .Treasury Notes, and 
sutler .the loss. If in discharging my duties as contrac- 
tor, I have been instrumcntallv servicealde, I shall re- 
joice, and it will be my best consolation to receive your 
approbation in what has been done, or in receiving your 
fulure commands in any thing that may yet be done, to 
serve the Government in those tryintj times that call for 
tlic exertions of all. I am respectfullv, & c. 

ELBERT ANDERSON. 

Hon. Jas. Monroe, Soc'ry War. 



107 
War Department, Oct. 51, 1814. 

SIR,— Your letters of the 26th and 27th instant hav6 
been n ccivcd. 

As soon as youf accounts are acted upon and settled 
J)y the accountant of this Department, in the accomplish- 
ment of which, no time will be lojst, any balance which 
may be due you shall he-promjdiy paid. 

It is impossible to accept or pay your drafts until a 
settlement of your accounts is made. 

I have the honor to be respectfully, sir, your obedient 
servant, 

JAMES MONROE. 

Mr. Elbert Anderson, late Contractor, N. Y. 

New- York, 19 Nov. 1814. 
SIR, 

I received your letter of the 81st ult. in due course. 
From the tenor of that letter, I indulged tlie hope that 
my accounts in your office would have been settled be- 
fore the 15th inst, when my draft on you for 50,000 dol- 
lars became due, and it consequently honored, or thai 
,,they would have been in such state of forwardness as tc 
have justified your payment of it, especially as it is not 
a fifth part due me. In proportion as I have indulged 
this hope, I have been chagrined by the mail of yester- 
day bringing me a notice of protest. In this painful sit- 
uation, I must beg leave to say, that aldiough I have en- 
tire reliance on the faithful fulfilment by the Govern- 
ment of its contracts with me,* I may not be able to in- 
fuse the same spirit into all those who are my creditors, 
and who have given me that credit in consequence of ray 
previous punctuality. Notwithstanding the freedom with 
which I thus express my feelings on this subject, I beg 



•United Statei' stock on 5th Novemher, 1814, was 78 per cen.t Had ihe Govern- 
ment borrowed Mie anieunl as good laiili, and ilie us^iges ^nd lerms ol ihe contract 
required, tliey would have |>aid 20 per cent |)reioiiimi or W "^lock tirSO ; ilie loss 
to the United Slates in the payment of the-e dral'is would have heen •lO.WiO dollar?, 
•nd ths iutcrest oa this premmui as ueil as the oiij^ioai 2UO,UiO cmil jtinallv 

FAIO. 

o 



leave to assure you that I fully rely on your promise, that 
no time shall be lost in the settlement of my ac«ounts, 
and that the balance will be punctually paid. And if I 
could further be informed wlien that time i^i likely to ar- 
rive, it would greatly oblige me. 

I have the iionor, &e. 

EDWARD MITCHELL, 
Attorney for Elbert Anderson. . 
Hon. Jas. Munroe, Sec'ry War. 



Department of War, Accountant's > 
Office, March IQth, 1815. < 

SIR, 

Your account for supplies furnished under con- 
tract dated 7th Nov. 1811, has this day been adjusted, 
and a balance found due thereon to the United States of 
one thousand eight hundred and thirteen dollars, and 
thirty-one cents, which sum will be carried to your debit 
in account under contract of 25th Feb. 1813. 
; The aforementioned balance differs from your state 
tnent in a sum of ;^27,940 63-100, which you will find 
fully explained in a statement of differences herein clos- 
ed for your government. 

I am with respect, sir, your ob't serv't, 

TOBIAS LEAR. 

Elbert Anderson, Esq. 



Department of War, Accountant's 
Office, 3Iarch \i, 1815. 

Sir — Your account for supplies furnished under con- 
tract, dated 25th February, 1813, has this day been ad- 
justed, and a balance found due you thereon of o?ie hurir- 
drcd and eighty-one thousand, tico htnidred andforty- 
threedoUari<,andffty-sizcn cents, which sum has accord- 
ingly been reported to the Secretary of War for payment. 

The aforementioned balance differs from your state- 
ment in a sum of ,^84,865 45-lUO, which is fully explain- 



109 

ed in a statement of differences hereinclosed for yout 
government. 

I am witli respect, sir, your ob't serv't, 

TOBIAS LEAR, 

Elbert Anderson, Esq. 






EXTRACT. ' ^ 

New- York, March 30, 1815. 
Sir, — Conformable to your request, I now have the 
lienor to enclose you a copy of a pledge made by the late 
Hon. James Monroe, Secretary of War, for the prompt 
payment of the balance that might be due me. 

The balance now claimed is, as 1 before stated, for sup- 
plies furnished previous to 1st of June 1814. I therefore 
asked of the justice of the United States to have paid me, 
if in treasury notes, to bear even date tcith the debt con- 
tracted, or at least, to bear date the 21th October last, the 
time in ichich I liad- previously furnished all my vouch- 
ers and drew for 150,000 and 50,000 dollars, neither of 
which was paid, but protested as shewn to you by W. 
Fish, Esq. Cash'r. copies of the said protests, have been 
forwarded in your absence, to Washington. 

As a public creditor, Avho is conscious of having ren- 
dered " some service to the state," I shall never consent, 
.Hor do I think you wish it, to have my claims placed in 
adjustment on terms different from the most favored. 
With great respect, 

I have the honor to remain 

Yourob'dt sei'vant- 
Hon. A. J. Dallas, Sec. of War. 
Washington City. 

Georgetown, Nov. 2d, 1814. 
Sir — A bill drawn by yourself on James Mum*oe, Se- 
cretary of War, for 150,000 dollars, dated 27th October 
1814 at sight, and for which you are liable, has been pro- 
tested at the request of the President, Directors, &- Co. 



lie 

of the Bank of Columbia for non payment, and will bei 
returned to tliem. 

Year's, &c. SAML. CRUSE, for 

W. SMITH, Not. Pub* 

The bill for 50,000 dollars at 15 days date, wns likewise prolrstcd in, 
due foim ; copies aud cerlificales of protest forwarded by W. iish, Esq. 
c.nsliier. 

(Extj-act.) 

New York, April 12, 1815. 

SIR, 

I now have the honor to advise you that W.Fisb, 
Esq. CuBhier, Avill receive the amount in Treasury notes at 
tlie par value, fundable at 7 per cent, agreeable to the 8th 
section of the law passed 24th Feb. 1815, for the issue 
of 25,000,000 for the benefit of the public creditor ; under 
this section of the law I must consent for the present to 
receive jiaymcnt : But in receiving Treasury notes in 
payment, it is not to be understood that I am debarredfrom 
a ju^t and equitable claim for interest that has accrued 
for the advances made to government, for the subsistenc«i 
of armies of the United States. 

I have the honor to remain your ob't serv't, ; 

ELBERT ANDERSON. 
Hon. A. .T. Dallas. 



(Exf}-act.) 

New-York, May 15, 1815. 
SIR, 

I have a well grounded hope that you will nov^ 
fdlfd the pledge made by the Hon. James Monroe, ia 
liis letter of 31st Oct. 1814, and extinguish this claims 
ijy giving 6 per cent stock at your offer of 95 of debt for™ 
lOOof sfock, or give me the amount in Treasury n©tes^ 



Ill 

autliorizod to be issued by the law of 24th Feb.* to all 
such cretlitors who have given the U. Slates suppHus. and 
are wiUing to receive Treasury notes at their par v;Jue. 
Should you decline making arrangements founded on a 
basis so fair, and advantageous to the Governmeut,t you 
will do me ihe favor to state in your rcjly the gruiind on 
which 1 may hoi)e for a settlement. 

With sentiments of ^jrcat respect I remain your obedi- 
ent servant, 

E. ANDERSOIV^. 

Hon. A. J. Dallas. 



Received hij Mr. Andrrson at Neto-York, written hy 
Hon. Sec. A. J. Dallas. 

MKMORANDUM. 

It would give me pleasure to pay Mr. Anderson's claim, 
as it is now settled by the Accountant ; and the diiHcul- 
ty in respect to the payment, does not arise from the want 
of funds at the treasury, but from the want of an adequate 
appropriation. The Secretary of War pressed upon the 
Comraitte of Congress a larger appropriation before the 
adjournment, but he could not obtain it. 

My letters and overtures, respecting the payment of 
Mr. Anderson's claim, are all correct. When they were 
written, I had not entered the War Office, and, certainly, 
I was unaware of the state of the Army appropriations. 
Hence, when I said that the claim could be paid., or fund- 
ed at par, or at the rate of 95 per cent, I could only mean 
that it should be legally paid or funded, as far as there 
was an appropriation to authorize it. 



• The law of '24tli Feb. authorized the paj-mcnt to such creditors of 
the Ucited States as were willing: lo receive tlie same in Treasury notes, 
bearing interest o^ seven per cent, or lundable. It will be seen iliat the 
Hon. Secretary alt^r receipt of this letter discovtrcd that the appropria- 
tion for subsistence was deficient. 

I The 6 pfrcent stock of the United Slates on tlie closing with the Hon. Secre- 
tary of tlie Prensdry's oiler, was current at N. York for bank paper, at 89 1-2 per 
cent ; the United States being bound to pay this delit in specie Ihe advantage was 
apparently in their favor J9,968 81 1-2 in paper. (See letter, page 115.) 



112 

But tlie Act of Congress, respecting the issue of treas; 
jiry notes, has beenmisuntlerstood. It does not author 
ize the payment of claims in those notes, beyond th 
amount of actual appropriations. It only authorizes 
payment in those notes, where the debt is ascertained 
and an appropriation for paying the debt has been mad 
by law. Mr. Anderson's debt is ascertained ; and 
could be paid in treasury notes, or it might be receive 
in subscription to the loan ; but for the single constitt 
tional reason, there is no law that ap})ropriates money t 
pay it ; the general appropriation being exhausted. 

An effort is making, in a lawful manner, to enrich th 
appropriations ; and the Department may be able, no 
only to subsist the Army for the current year, but to pa; 
oil", at least, a part of the arrearages. On this grouno 
however, nothing is meant to be promised in Mr. Andei 
son's case, more than in numerous other oases, greater ii 
amount, if not greater in hardship. 

Qth, June 1815. 



War Department, June 20tk, 1815. 

Sir- 
On the 15th of March last, a warrant issued ii 
your favor, agreeably to the certificate of the accountan 
ofthis Department, for one hmidrcd and eighty-one thou 
saudticuhundred and forty three dollars and 37-100, th(: 
balance found to be due to you on your late contract 
the payment of which has only been delayed by the wan 
of funds to meet this item of Army expenditures. When 
ever an appropriation sliall be made by Congress for th( 
subsistence of the Army, and which no doubt will be on« 
nftiie first acts of the approaching season, your draft in 
favor of W. Fish for the above amount, will be duly hon- 
ored by this Department. 

1 am, sir, very respectfully, 

Your obd't servant, ^ 

A. J. DALLAS. 
Elbert Anderson, Esq. — Late Army Contractor, JS. Y 



lis 

Department of War, W Jubj, 1815. 
SIR, 

It appenrs from n report niatlo by tlie accountant of 
this department, dated tlie27tli of June, that there isdueto 
Elbert Anderson the gum of fifty-six tltousand seven hun- 
dred and lifly-six dollars and 42-100 ; forty thousand 
do!l;;rs of which can immediately be paid by a draft on 
Baltimore," and the residue will be paid whenever Con- 
gress shall make the necessary appropriation. 

I have the honor to be very respectfully, your obedient 
aervantj 

GEO. GRAHAM. 
E. Anderson, Esq. New-York. 

Department of War, 12t7i July,18l5. 
Sir- 
It appears from a report made to this departmeat 
by Colonel Lear, bearing date the 10th of July 1815, that 
there is due you seven thousand three hundred and eigh- 
ty nine dollars and thirty four cents, on account of your 
contract, which will be paid so soon as Congress shall 
make the necessary appropriations. 
I have the honor to be. 

With gi-eat respect, 

Your obedient, 

GEO. GRAHAM, 
Elbert Anderson, Esq.— N. York. 



(Extract.) 

Washington, Wth Juhj, 1815. 
DEAR SIR, 

The balances due you on the several settle- 
ments have been reported in the usual manner ; but as the 
appropriation for the subsistence of the army is nearly 
exhausted, I don't think it will be practicable for you to 

T Baliimore paper was 5 3-4 per cent below the bank paper of New-York, and 1S8 
below specie on the lOtK July, 1816, 



li' 



114 

obtain full payment of your debt until new appropriationi 
sliaU luii'e been made by Congress. But if full payment 
sli ill not be made before this time, I think there is nc 
doubt but Congress will provide for the indemnification 
of the creditor and especially where essential servicet 
have been faithfully rendered. 

With great respect and esteem, I am, dear sir, youi 
most obedient servant, 

E. Anderson, Esq. TOBIAS LEAR. 

(Extract from the Protocol.) 

New-York, August 22, 1815. 
SIR, — In the beginning of the present month I had thi,' 
honor to address you on the subject which occupied ouij 
conversation when last in Philadelphia. I 

Conformable to your wish I forbore " to embarrass you: 
mind," but proceeded to New-York in expectation o 
hearing from you, which I understood would be in a wee} 
or ten days from that time. Heretofore my faith ant 
patience has sustained me in the disappointment I hav< 
so often received from the Department since you hav( 
had the honor to preside. 

I am aware of the multiplicity of your duties, andyoti 
great exertions to relieve the finances of the country, bil 
sir, may I not reasonably ask if no attention is due to sel 
vices long and faithfully performed, as those which mj 
self and colleagues have rendered the Government [| 
the most critical times. 

I therefore again have the honor to solicit from you ai) 
early reply whether or not I can be paid in the curren|j 
money of N. York or in Treasury notes at par, any pre 
portion of the great balance now due, as may be withii] 
your power as Secretary of the Treasury to grant. 

I pray you to consider the freedom in which I addres 
you, as nut incompatible with the respect I have for yoil 
personally. 

I have the honor to remain your fellow-citizen, &c. 

ELBERT ANDERSON. |'i- 
Hon. A. J. Dallas. 



115 

Trcasvry Department , April Sth, 18-15. 
8ir — Having refused oilers at 92 in trea.siuy notes and 
oash for 100 dollars in stock, 1 can only inform yon, as I 
liave done others, tliat'I am ready to receive proposals for 
Bubscril)inif to the 12 million loan, at the rate of 100 dol- 
lars in stock for 95 in the payment which you propose.* 
I am, very respectfully, sir, your ob't serv't, 

A. J. DALLAS. 
E. Anderson, Esq. N. York. 

Treasury Department, Atigust 23, 1815. 
Sir — Your letters have been received ; you have beeu 
told explicitly, that the appropriations for the War De- 
i partment are not sufficient to cover all the demands up- 
\ on it, but that as soon as the necessary arrangements can 
be made, a part of your demand will be paid. 
I am very respectfully, Sir, your ob't serv't, 

A. J. DALLAS. 
Mr. Elbert Anderson, New-York. 

Treasury Department, August 9, 1 823. 
I certify that the two letters on the preceding page, 
addressed to Elbert Anderson, Esq. are correct trans- 
cripts from the recordsof this office. 

WM. N. CRAWFORD. 

(Extract.) 

NeiD-York, Jan. 15, 1816. 

Sir — I am induced to adtlress you in consequence of a 

considerable delay which has taken place in the prompt 

I payment of my draft in favor of W. Fish, Esq. for the bal- 

' ance reported in my fovor by the accountant of the War 

Department on the 14tli March last, the interest of this 

balance since it was reported is now nearly ten thousand 

dollars ; my contract embraced a covenant to pay the 

Government six per cent on all balances found due them 

on settlement. Will not a just and necessary principle 

* 1815. lOrh 4pril, U S bank slock sold at 87 1-4 per cent. IGtIi May, at 
J9 1-2 per cent for paper of i\. York banks. 



116 

ofreciprocity call on Congress to make the rule alike ia 
favor uf tiie public creditor.* 
1 rem 1 n your obedient servant, 

ELBERT AxNDERSON. 
Hon. A. J. Dallas. 
Loans made to Isaiah Toicnsend, hy the New- York \ 
iState Bank. 





Amount. 


Discount. 


1813, March 31, 


;^ 10,000 


$56 


06; 


" June 23, 


10,000 


56 


66 i 


♦' Julij 7, 


10,000 


108 


32' 


" " 21, 


10,000 


106 


66 


«' « 28, 


20,000 


210 




August 4, 


20,000 


213 


32 


11, 


20,000 


152 


68 


25, 


20,000 


113 


32 


1814, February 23, 


60,000 


330 




" May 4, 


25,000 


125 




18, 


50,000 


300 




" June 15, 


50,000 


533 


30 


*' August 17, 


50,000 


533 


30 


*' October 19, 


50,000 


525 




*« December 21, 


50,000 


525 




1815, February 22, 


5u,o;;o 


525 




" April 19, 


50,000 


533 


30 



1816, February 13, interest paid on the ]> 

last note from 2 1st June 18.5, to 8th > ^1,941 70 
February, 18l6, ) 



$6M9 22-, 
Loans made to John Toirnsrnd, hy the New- York State 

1813, May 5, $2u,{)uO 0\\O 

" Srpf. 29, 40,000 420 

" OcLQ, 40,U00 420 950 



7,839 22 



• li will be «een by the 10th article of the Contract, that if any balance is due the 
pove'nmeiii,!!,,- iiiifresi iiirKu^pi cis back to ibe lime ILie conlracl expired, allbougli 
tbe debt sbould subieijuenlly be asctrlained. 



117 

NeiD-York State Bank, Aug. % 1823. 

I certify that tlie preceding is an account of sundry 
loans made to Isaiah Townsend and John Townsend by 
the New-York State Bardi, at the periods above specified, 
with the discount and interest paid thereon ; which loans 
were tlien represented by the borrowers, and were ui- 
derstood by the Baidi to be for tiie jturpose of carrying 
into cflect a contract made by Elbert Anderson (in behalf 
of himself and his associates) with the f^ecretary of war, 
lor supplying the United States army with provisions. 
JOHN W. YATES, 
Casliier of tiie New- York State Bank. 



Treasury Department, Rcgr's Office, Oct. 9, 1823. 

In compliance with your request of the 6th instant, 
I have to refer you to the following statement of the 
manner in which the several drafts on the Secretary of 
War, therein referred to, were paid ; whether the Banka 
upon which the Treasury drew, in payment of your bills, 
did, at the time redeem their notes in specie, cannot be 
ascertained from the records of this office ; neither do 
they exhibit any information as to the relative value of 
Treasury notes in other parts of the United States ; those 
issued at the Treasury were considered as at par when 
issued. 

I am very respectfully, sir, your ob't serv't, 

IMICH'L NOURSE, for the Reg'r. 



Note. This certificate was exiiili ted to shoiv tliHl the joint capital of the coo. 
tractor aad bis associates was not sufficient to make (lie necessary advances 

The demand of interest grows out of an ascertained debt, and accounts furnish- 
ed by the creditor; and interest can be claimed by iisape or without tlie U'^a^e of the 
War Department, and it was so stipu'aled by nty proposals, I was to j'rtss"-ss the ne- 
cessary funds ; these funds had always I'eeii i;iveii tlnee moniijs in advance, until the 
fiscal concerns ol the United States in lt>l4 beciiuie deiansed The interest In m the 
time the party had a r>!|;i't to dra» (three moiiiiis iu advauce) is rccogaizeU lu tb« 
decision of !9t:cretary Ciawford, oi27lh Jan. inll. 



118 



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119 

Wc hereby certify lltnt upon an examination of our 
books, it appears tliat U. S. treasury notes in this market, 
were 

On fointh of April in the year one thousand eight hun- 
dred and fourteen at jjar, payable in s<pecie. 

On the eighteenth of April, one thousand eight hundred 
and fourteen at par, payable in specie. 

On liie twenty-fifth of April, one thousand eight hun- 
dred and fourteen, at ninety-nine and one half per cent, 
payable in specie. 

On the twenty-ninth June, one thousand eight hundred 
and fourteen, at ninety-nine and one half per cent, pay- 
able in specie. 

On the first Septeml)er, one thousand eight hundred 
and fifteen, at eighty-nine per cent, payable in specie. 

And on the eleventh day of January, one thousand eight 
hundred and sixteen, at liinety-onc and forty-three hun- 
dredths per cent, payable in specie. 

JSew-York, iWt JVorcmJur, 1823. 

PRIME, WARD & SANDS. 
NEVINS & TOWNSEND. 

Cit)f and County of New- York, ss. — On the tenth 
day of November, one thousand eight hundred and twen- 
ty-three, personally appeared before me, Joseph Sands, 
'' known to me to be one of tlie firm of Prime, Ward and 
Sands of this city, Exchange Brokers, and acknowledg- 
ed that he had executed the within instrument in the name 
of said B'irni, and for the purposes therein mentioned. 

O. H. HICKS, Cortimissioner. 

City and County of New- York, ss.— On the tenth 
i day of November, one thousand eight hundred and twcn- 
' ty- three, personally appeared before me, Russell II. 
Nevins, known to me to be one of the Firm of Nevins &, 
Townsend, of this city, Exchange Brokers, and acknow- 
ledged that he had executed the within instrument in the 
name of said Firm, and for the purposes therein meu- 

tioiied. 

Q. H. HICKS, Commissioner. 



!20 

Washington Jail/ llth 1815' 

SIR, 

1 recollect receiving the letter addressed to me by yoi 
wlule I Avas in the Department of War, bearing date oi 
the 4tli January last, and am satisfied that I assured yot 
that you should sustain no loss which I could prevent— 
The troops in the Enstern States were in great distress 
I was aware of the depreciation of Treasury notes ; i 
was indispensable to supply the troops, and it seemed U 
be just that, as the government could not furnish yoi 
with a paper which circulated at par in that quarter, yoi 
ought to be indcninilied against the loss arising from the 
depreciation.* I considered your case, at the time, as reri 
dered peculiar by the situation of the troops, and the 
exigency of the public service iu the quarter to which youi 
contract applied. 

1 am, sir, with great respect, 

Your very ob'dt servant, 

Signed, JAMES MONROE 

James Byers, Esq. 

True copy. — Peter Hagner, auditor, 



The Accountant in settling the accounts of Contradll 
tors lor 1814-15, will allow all claims supported by evi- 
dence of loss sustained by payment of interest or dama- 
ges, in consequence of the department being unable tOi 
make the necessary advances. 

Also all losses sustained upon the issue of rations, not 
requirable by the contract. 

All claims arising from loss sustained by requisitions 
not authorized by the contract. 



* This letter was applied to th? claim of James By'T's; the principle 
liowever is general, and sliows the \uA ami enli.hiened vinvs of the wri- 
ttr. The case OI tile present ciaii.,nnl was stmnfir, and lequired the pe- ; 
culiar pn>lectioii of the U. Mites — his slain a"d dl-^triu was tin actual seat ' 
. ol war ; both S(lUlh^rIl and Nurlheru Frontiers were men^ceil anl invaded 
hy a vindictive foe, and the (.mishih and uiicx^jeclcd calb tor the JUil'''' | 
bad to be met by iiuuicdiait; iuppiies.^ I 



121 

Tlie Contractors will be rcquirerl to account for all pre- 
niiiinis reccivcMl upon the sale of bills negotiated by them 
ou the Government. 

(Signed) W. H. CRAWFORD. 

Reccired hij the Acrnvvtcmt 27th January, 1^16, 
from the Hccretary of War. 

True copy, Peter Ilagner, And. 



( Extracts from Pvhlic Docinncnis.) 

\ The decisions of the War Deparlnient, so called, were 

written instructions directed to the Accountant of the 

War Department, to govern him in the settlement of Con- 

; tracto! 's accounts, made, however, in tlie first instance 

' in Mr. Piatt's case, dated 27 January 1816, by the then 

Secretary of War, successor to the one who made the 

assurances. 

(See report, PiatVs case, in public documents, p. 8.J 

The first of these charges (viz. for 21.000) is for an 
allowance made by the then Secretary of War, in con>e- 
quence of Mr. Piatt's drafts on the Government being 
protested, say 10 per ct. on ^210,000 as a reasonaiile 
compensation for the damages, (fee. sustained by the 
Contractor, from the want of funds, and the delay of 
Government to take up his drafts. — (Seepage 18, re- 
;port, &;c.) 

In point of fact, there had been decisions of the Dep't. 
the benefit of which as decisions had already been ex- 
tended to Mr. Piatt ; such for instance as the damaofes 
.;,[ .on protested bills of exchange. Tliere had been allow- 
,>■ ances also ; such for instance as that for supplies to dis- 
!*: tressed inhabitants. But these were not conceded to 
'*. Mr. Piatt by reason of any assurance he had received, 
jj I nor, it is supposed, as a favor to him, but in common with 
\' all other accounts similarly circumstanced, and as a matter 

L 



122 

tfri^Jit. The decision, as to dnmnges particularly, was 
a o-enoral decision of the War Department, establishing 
a rule tor the accounting officer, in all cases of bills dis- 
houored and protested, on account of the inability of the 
Government to pay, embracing, therefore, ail protested 
bills which the parties liad a right to draw. 

(Report of select covuuittce, page ^.) 

In the final settlement of the accounts of Mr. Anderson 
there was upwards of two hundred and fifty thousand 
dollars due him, but he had no damages or extra jirice 
for rations, allowed him in consequence of the advances 
ae made. 

(See T. RingoJd's Letter, j^uMic document) 

I am of opinion upon the within case that Mr. An- 
derson is justly and equitably entitled to interest at the rate 
of six per cent per annum, during the period of the 
delay oi' payment of the balances declared in his fa- 
vor. The balance due him was by the contract with him 
to be immediately paid, and he was made chargeable 
with the like rate of interest for any default of repayment 
on his part. 

JAMES KENT. 

Albamj, October, 21, 1823. 



I have considered claim No. S, and am of opinion thatti 
Mr. Anderson has a just and equitable claim to interest/li 
only from She period, the balances were officially declared 
and warrants issued — the claim of interest in my judg- 
ment rests on a solid foundation — the contract binds the 
contractor to pay an intercept of 6 per cent on any ba-, 
lance that iii;iy be due to the United States on settle- 
ment of accounts from the expiration of contract 
until paid. The contract provides that if any balance 
shall be ilue the contractor on any settlement of accounts 
the same shall he immediately paid. It will not be 



k 



123 

contended that the silence of tlie contract, as to the Gov- 
i cnnnent's paying interest, is a manifestation of the sense 
! of tlie parties, that they should be exempted from interest 
i in case of a failure to pay the balance due immediately ; 
I such astipulation would have been derogatory to the hon- 
|j or of the (iovernment, in admitting its inability or un- 
|_ willingness to pay immediately any balance found due. 
I This consideration sutficiently accounts for the silence of 
I the contract, as to the payment of interest on the part of 
; the Government. 

Events unfortunately deprived the Government of the 
j means of being punctual in their payaients, and this de- 
'; feated the just expectations of the other party. If we 
:\ apply to the Government the same rules of interpretation 
:{ in its contracts, as are applied to individuals, the question 
t| would admit of no doubt; for it is believed to be a uni- 
versal rule that a promise to pay a sum of money on a 
certain day or a certain event, draws after it intereist in 
' case the promise is not observed. 

It is highly equitable that it should be so, for the other 
party is deprived of the use of his money, and it is never 
)\ enquired whether he could have used it beneficially so as 
to produce interest to him ; this is always intended. In 
my opinion this claim is founded on principles of tho 
liighest equity and justice. 
Oct. 2M, 1823. 

A. SPENCER. 

Note. — Claim 8th is for interest from the time the ba- 
lance was ascertained and the warrants, issued until the 
final payment in Jan. 1816. 

If this were a transaction between two individuals 
amenable to the law, there would not I think be a mo- 
ment's hesitation as to the result, and I am not aware of any 
rule or reason why the United-Slates should be exempted 
from the general law. The contractor was bound in case 
of his default to pay 6 per cent interest, (thus fixing the 
rate between the parties) and the U. States not anticipa- 



! '124 

ting any inability on tlieir part, promised immediate pay^t 
moiit — they became unable to keep their promise ; but 
they should now compensate the sufferers by their default. 
Independent of the Secretary of the Treasury's general 
order, I think Mr. Anderson is entitled to 6 per cent in- 
terest until paid ; and besides (at least under that order,' 
as well as by law) to any damages on protested drafts he 
may have had a right to draw and have drawn. In an- 
swer to the last question on the other side, I can only s: jri 
that the United States, as well as every other debtor, arei 
bound to make their payments in specie, and if thejri 
cannot do that, they should make the paper in which 
they do pay equivalent to specie. 

THOS. ADDIS EMMET. 
New York, Nov. 5th, 1 823. 

Statement of Damages and Interest. 

My demand under equitable considerations, according 
to the general decision of Secty. Crawford, would be an( 
follows : — Take the amount of the average expenditure of 
each quarter at the minimum advance required, ^250,000J 
Interest on $250,U0U from 1 March 1813, the 

time the Contractor had arightto draw, to 1st of 

June 1813, ;^3750,001 

From 1st of June to 1 Nov. 1814, the time the 

vouchers were actually furnished, 6250,0Q! 

From 1 Nov. 1814, to the time the iirst balance 

was declared, due March 15, 1815, 5625,00 

_ , . ;$15a25,0i 

To this add damages on my Mils protested ^ 
for ^200,01)0, which at lU per cent (the al- 
lowance made toJohnH. Piatton adecision 
confirmed by Congress.) [See report of a 
Bclcct commitleo of Congress in session 
1823, and a secoad committee in session 
of 1824. J 20,000 

^35.6i5,U0« 



•^125 

Interest on balance officially declared due, until 
,' paid, as set forth in my account before the 

second comptroller 10,000,00 

'Discount on 56,700 DIls. received in treasury 

notes 1 Sep. 1815 at 1 1 per cent is 6237 
;Discount on 188,632,91 received"] 
f in treas'y notes 11 Jan. 1816, | 
' at 8 47-100 percent, is 115977,20 22,114,20 

|As pr certificates Messrs. Prime, [ 

I Ward &, Sands, and Nevins &, ;^67, 739,20 

Tewnsend, 

i Note. Had the Government borrowed the above Bura 
which they were bound to furnish by contract and usage, 
it would have co«t them at that time $20 for every hun- 
dred borrowed, U. States stock being at 80 per cent 
on 20J,000 is j^40,000 



Extract from the Report of select Commifte on Piatf& 
claims, (page 28, sestion 1824.^ 

No. 21 Public Documents. 

The sixth and last item of allowances (^21,000) was 
fbr damages on bills protested. I am aware that Gov- 
ernment pays no interest or damages in ordinary cases, 
because they are supposed to be ready to pay when justly 
•jailed upon. 

' In thie case no doubt exists but that Mr. Piatt had a 
right to draw, and that the Government could not pay, 
riie act passed for Mr. Piatt's relief, required the account- 
ing officers of the Treasury Department to settle his 
2laim upon just and equitable principles. 

The universal practice and laws of nearly the whole 
jivilized world, has settled it as a just and equitable 
principle, that the inte^-est and damages should follow a 
protested bill. The second Comptroller did not think 
Uju^t and ^cjuiUibie to allow iiUerests aiid damages, and 



126 

then take tlie amount again out of the cost of the rations. 
It is also said, that no damages were paid by Mr. Piatt. 
This is a question never asived by tiie drawer of a bill. 

The fact of a bill being protested, is always considered 
as of equivalent damage to the hohler to the amount al- 
lowed. This item was considered as an allowance on its 
own merits? ; it did not more than remunerate the Con- 
tractor for the damages sustained in having his bills pro- 
tested. 



OPINION. 

No unreasonable or unnecessary delay on the part of 
the Officers of the United-States, was to be given to the 
settlement of the accounts of Mr. Anderson. This was 
acon:!ition inserted in his contract, and if it had not been 
inserted, yet if his accounts were not duly passed upon 
with reasonable diligence, he ought not to suft'er by the 
delay. His claim for interest upon the balances found 
due, (and which were strictly due when the accounts ; 
were rendered and the vouchers furnished) fiom the time 
he was entitled to have them passed upon, appears tome, 
very just and equitable; I am of opinion, therefore, that 
lie is entitled to interest according to the within claim. 

JAMES KENT. 

Albany, Oct. 22, 1823. 

I have considered Mr. Anderson's third claim upon the 
Govt.'vnment, founded on the delay of the accountant to 
settle and report upon his accounts which he alledges 
were furnishe<l, suvpcrted by vouchers, in the manner 
and form required ani at regul-<r ])eriods. In the nature 
of tilings, as well as by the under.^tanding of the parties, 
advances were to be made to the Contractor, in anticipa- 
tion to enab!(! him to . omply with his contract ; his right 
to tliosi' advances would necessarily depend upon the fact 
whetlier the state of his accounts would justify them. It 
is provided by the contract that no unreasonable or un» 



127 

necessary delay on the part of the Officers of the U. 
States shall be given to to the settlement of the accounts 
of Mr. Anderson. If this delay took place whereby the 
Contractor was deprived of his right to draw, thre.e months 
previous to the expiration of his contract, it must be 
manifest that he he was not only deprived of funds to 
which he was entitled, but that he might have been 
greatly embarrassed. In my opinion he has a just claim 
on the Government for this infraction of the contract on 
their part; I know of no rule of compensation so free 
from objection, as the one which would apply in contracts 
between individuals that would be, to compensate the 
injured party by paying him interest on the balance, from 
the time the amount ought to have been settled, to the 
period when it was actually settled. 

A. SPENCER. 
Oct. 27, 1823. 



It seems to me, that the Contractor is entitled to inter- 
est from the time he had a right to draw, till paid, and 
also to damages on all protested bills he had a rirrht to 
draw, and did draw. 

THOS. ADDIS EMMET. 
New- York, Nov. 5, 1823. 



Reply of the late ConXractor to the reinarks made hj the 
third Auditor, on the Contractor's claim for damages 
and interest on the amount officialii/ declared due me, 
as per statement : — 

This claim has been reserved in all my letters to the 
War Department, extending retrospectively to the time 
that my contract expired — that is, 1st June, 1814. All 
the services had been performed, and equivalents had 
been rendered before that day ; and by every rule and 
usage of the War Department, I was entitled on that day 
to the amount then due me. According to the decision 
of the Hon. W. H. Crawford, of 27 Jau. 1816, the claim 



128 

•f interest might be carried back to the 1st March 1814, 
the time when it is acknowledged I had a right to draw 
in advance for funds required for the ensuing quarter. My 
letter of Oct. 27, 1 8 14, to tiie Hon. James Monroe, requests 
that the treasury notCH, which was then the only payment 
whicli the Government had it in their power to make, 
should be dated on the 1st June 1314, and bear interest 
from that day. If this reasonable request had been lis- 
tened to, I would have received some compensation for 
the depreciation of the paper, and delay of payment in 
the amount of interest at 5 and 2-5 per cent from the pe- 
riod the services, and equivalents were rendered — that is 
to say, the first day of June 1814. 

My demand under equitable considerations, according 
to the general decision of Secretary Crawford, would be 
as follows : — Take the amount of the average expendi- 
ture of each quarter at the lowest sum of 250,000 dollars. 

Interest. 
250,000 from 1 st March to thp 1 st Jime, ;^3750,U0 

Do from 1st June to the time when the ^ 
vouchers were absolutely furnished about > 6250,00 
1 Nov. ) 

Do from the 1st Nov. 1814, to the time i 
the first balance was declared, March } 5625,00 
15,1815. 



TOTAL $15,025,00 

To this add damages on my bills protested 
for 200,0( to, which at 10 percent (the al- 
lowance made to John H. Piatt on a decis- 
ion confirmed by a select committee of 
Congress) arc 20,000,00 

^35,625,uu* 
* To this is to bo added the actual interest af- 
ter the balance had been ascertained and 
•declared, 10,000,00 

•ind discounts on treasury notes 22, 1 1 4,20 

67,73y,20 



129 

The protested drafts are the following : - . ' 

1. Draft, dated New- York Oct. 27, 18 4, 
on the Hon. James Monroe, at sight pro- 
tested at Georgetown, D. C.2 Nov. 1814 
as duly attested by William Smith, No- 
tary public, for 1 50,000 Dolls. 

% Draft, dated New-York Oct. 27, 1814, 
at 15 days after date, on the Hon. James 
Munroe, protested at GeorgetoAvn, D. 
C. 15 Nov. 1814, attested as above, for 50,000 Dolls. 



2t)g,0UO Dolls. 

The above ^'35,625,00 was submitted to the third Au- 
ditor in my letter of 1 8 August 1 823, as the amount of a 
claim under equitable allowances, according to the de- 
cision of Secretary Crawford of 27 Jan. 1816, establishing 
a ^^encraZ prt«ri/>/<; for damages and interest. It is now 
submitted for decision to the consideration of the Hon. 
Secretary of War. 

The present claim, however, as now referred by the 
third Auditor to the second Comptroller, it will be per- 
ceived includes none of the above claims in equity. It is 
a claim, under the tenth article of my contract, comprising 
only the interest accruing from the time when they were 
actually paid. The certificate ofJuhn W. Yates was 
exhibited by me, not as a rule of damages, but to show 
that the joint fortunes of myself and my associates were 
not competent to furnish the capital requiretl to carry the 
contracts into execution. The funds necessary fortius 
purpose were the subject of an express stipulation in my 
letter of proposal of Glii January 1813. 

The amount borrowed oi the Bank previ( us to the If^t 
June 1813 is small. See the Certiticates iitbresaid. — 
The amouut borrowed of the Banks at tiie special tune 
of the real embarrassment of th:; fiscal concerns of go- 
vernment: viz. — in 1814 '15 '16 con-^titufes nearly the 
aggregate besides other sums borrowed by the Contract- 
or of Banks in New-York, on his own security. — The- 



130 

very disinfjeniioiis inquiry of the the third Auditor, " cao 
damages be chiimed on the ground of the certihcate of thts 
banli of having borrowed money in March l813?" insin- 
uates a proposition, which tlie second Comptroller will 
instantly perceive, is neither true nor relevant, Tiie cer- 
tificate embraces loans made from 1813 to i3 Feb. 1813. 
Surely common decency ought to have induced him to 
extend his inquiry to the latest period when loans were 
made from the State Bank to the Contractor for the pur- 
pose of carrying into operation the wishe-! and commands 
of Government. Besides, this certificate is not in the 
least ncces*iry to establish this claim ; every body knows 
that it is a'principle of common law recognized by all our 
courts, that the non payment of a sum or balance due is 
itself full proof of the loss of interest, which necessarily 
follows the original debt until both principal and interest 
are finally paid. 

The third Auditor has said that at the time of actual 
payment, in I8i5 and 1816, treasury notes bore interest 
until paid or funded, and that at the same time, "-were 
from 3 to 4 j^cr cent above par." Sir, if it be a fact, as 
alledged by the third Auditor, that treasury notes " were 
from 3 to 4 per cent above par," then the decision of the 
Hon. Secretary Crawford of 27 Jan. 18)6 will compel me 
to pay the premium on the amount so received from the 
I J. States. By the same rule I claim from the justice of 
the tJ. States, indemnification, for the loss I have sustain- 
ed from the payment of my demands in treasury notes in- 
stead of specie ; a claim which is reserved on the accounts 
lately presented by me to the third Auditor, together with 
the right to call for the benefit of such general provisioa 
as Congress may have made, or may hereafter make, for 
the general relief of public creditors, who have furnished 
supphes, and received the amount in treasury notes or in 
notes of local banks, which were below specie value at the 
time and place of payment. 

The third auditor, however, has attempted to defeat 
tins clann by asserting that large balaiices were previous- 



181 

ly due by me to Government, during the existence of the 
I contracts ol"7 Nov. 181 1, and i.'5 Feb. 1813. 

1 do nut wish, sir, even in my defence, under all the 
wrongs i have suHered, to cast any retliiclions on the tinrd 
Auditor, or his predecessor Mr. Simmons ; but, sir, 1 lose 
all patience, wiien my rightful dema..ds are thus evaded 
by assertions, not at all to tlm purpi se, or when to the pur- 
pose, not founded in tact. AH balances, which before the 
ter.nination of t!ie contract remained in tiie hands of the 
ct)ntractor, were advances voluntarily made by the Go- 
vernment to facilitate its own operations, and which t 
would be preposterous to plead as set otis to a claim for 
interest on delayed payments. 

Again — evenif this plea of the third Auditor were at 
all to the purpose, it is so paljjable a misconception, that 
I cheerfully acquit him of wilful misrepresentation and 
ascribe the mistake to haste or inadvertence. He has ev- 
idently been led into error by not adverting to the differ- 
ence between a partial or nominal balance, and a total or 
final balance. When the balance as stated by this ge: • 
tleman, was supposed to be due, vouchers for all the issm s 
and all the deposits made by order of Government, had 
been filed in the o;Rce agreeably to the forms, and rules 
of the Accountant Department, as well as those adopted 
for the deposit accounts, by the Superinfendant General 
of public supplies ; from which latter office, I am ready 
toailmit, my documents ever received the earliest attention. 
If it is deemed necessary to substantiate this declaration, 
I have abundant proot^ — and my letters are full of evi- 
dence that I have constantly labored to furnish all the 
vouchers of debits witli tiie vouchers of credit. 



Claim 6. See page 14, (O.) 

In June of the year 1808, I proposed in a sealed letter, 
and in words at full length, to supply the rations required 
by the U. States for the state of New- York at sixteen cents, 
from 1st of January 18C9 to 1st June i8lU, (the coatract 
of 1 808 being at 1 7 cents. 



132 

My bid was presented and received at proper time and' 
place, and accomijanied with full and satisfactory evi- 
dence of character, fitness, and guarantee, qualifications 
which were fuliy admitted by the then Secretary of War. 
I was soon informed, that the incumbent, who then held 
the contracts for New- York as well as all the Eastern, 
f^fatcs, had opposed me in a bid " at ]ij cents per ration, 
or one will belutp any other jjroponent" and that there 
were precedents for this nominal and extraordinary com- 
petition ; I lost no time in repelling this procedure with a 
becoming spirit, and in a respectful remonstrance and; 
protest, endeavoring to shew the fatal tendency to the 
public interest, if such nominal and qualified bids were 
received. The Secretary of War sent for me, and aftef 
saying he had read the remonstrance, still adhered to the 
admission of the bid on the score of precedent, but was 
pleased to add that we were both too high, and must bid 
again. On the impulse of the moment, I was about toi 
take my leave, and abandon at once all connection withi 
Government in contracts ; and I now solemnly believe 
that my rival would in that case have had the contracfel 
fdled up at i 8 cents,* but fortune directed it otherwise ; 
my adversary was called in and ordered to take a position.! 
on the other side of the room, pencil and paper were 
handed to each of us, and the Secretary was pleased to.i 
say the lowest price should have the contract. My ad 
versary's 14 cents 9 mills, mine 14 cents 8 mills. Waan 
1 not compelled to take this contract belowthe legal claim;;, 
and thus the public faith violated to my disadvantage^ 
being equal to one ceut two mills on every ration issued! 
during the contract, and is not my claim good in an ap- 
peal t'oran allowance of the additional sum of one cent 2\ 
miils, on ("ach ration issued per official return during afore- 
said period. 



I h.; mIUc'hI voucher; iipd nr'iinal bids have h.-en called for from llie fdes of (he 
olEco. tiic\ H.e ijiit lo lie r(iirNi> This i laim \tn> not l.een nrnde f •; indemn ficalion, 
Iiiii i'. i« Kiisv ti> he seen, Imd ii nol l.een fur the coMeKTiuoN on ihe pHrl o( the cisim- ' 
aiil.^he ctrin-i-einnce in piic e of ih- ralionsol 14 8 .niih or 18 cents, dnrins the period, 
ol 17 monlln .11 v.HT, uoul have ex. ee. ed ■iUll.dOII uoli.aks In the I.. «s of the Go- 
ve. n.nci.l, I ji|. GAi> Ic) ihe I). -Ihles m (111' dH'eie.,ce oi ihe first hiil of 16 cents or"l 
i-1 S ni tlie pciioi) ol 17 muntlis of wab, would Uave exceeded ^75,U00. 



133 

OPINION. 

It appears to mR there can be no donbt tliat Mr. An'1"i* 
son'.s proposition in June 1808, to supply at sixteen cents 
ll ought to have been accepted by the VVar Department as 
the lowest offer : and it seems to nie to be equally clear 
that the oiler made by his competitor, at eighteen cents 
per ration, "or one mill below any other proponent," 
'was entirely inadmissible. But I am also of the opinion 
that Mr. Anderson's subsequent ofler, which was accepted 
liand consummated by contract, was a waiver of his ante- 
cedent offer, and that it concludes him from any demand 
©n the Government arising from his final [)roposition. 

A fePENCER. 
Albany, Oct. 2Uh, 1823. 



'': Upon the facts stated in this case, I should conclude 
'that Mr. Anderson was estopped by his second offer to 
take 14 cents 8' mills from claiming payment according 
to his first offer at a higher rate. The claim would have 
been just and fair if he had not acceded to the proposition 
of making a renewed offer. This was a waiver by him of 
his equities under the first offer, and if he had rested upon 
his first ofler, I should have been of opinion that his offer 
was the one that ought to have been received. The 
offer of the other competitor of the sum of 1 8 cents was 
a certain and a specific offer and the addition thereto that 
he would take one mill belotc anij other person, was a 
very exceptionable and I should think an utterly inadmis- 
sable qualification. 

Albany, Oct. 21, 1823. JAMES KENT. 

^ Claim 1. — Equitable Allowance, see page 14 (P.) 
Contained in letter 10 Sept 1823, to the Third Auditor, 
'■ of the Treasury department, 

By the proposals and accompanying letters constitut- 
ing the contract of 25th Feb. 1813, I fully reserve the 



134 I 

right of purchasing flour and liquor on the Seaboard and 
Soutliern Atlantic porttJ. I did so to the amount of 4900 
barrels flour, and by my letters to the Secretary of War . 
dated 4thoflHb. 1813, and 23d of March, lolS, I notifi- 
ed him of the purchase, asking advice if the provision 
should be insured from capture risks, (the risk of the sea ^ 
being my own.) The risk of capture that of the U. S. , 
I was answered that the article must be shipped in " 
small parcels, and not be insured. Before the shippage 
could be eftected, the mouths of the Chesapeake, the 
Delaware, and the Hai hour of New-York, were effectual- 
ly blockaded by the Enemy. If I had shipped the said 
articles which were intended for the Armies on the North- 
ern Frontier of New- York, they would liave been inevita- 
bly captured, and the U. t?i. would have suffered a loss 
of ;$G3,7U0 exclusive of the loss of the vessels, conveying 
the articles. 1 was under the necessity of either selling 
the said flour at the Ports of Alexandria Va. Baltimore Md. 
Philadelphia Pa. at reduced prices, or transport over land 
to New—York, which latter was done by me. 

Is not the price of land carriage over that of water, a 
fair charge to the United iStates, satisfactory vouchers to 
be produced for such extra transportation. 



OPINION. 

I have considered the within claim, the probable block- 
ade of the Chesapeake, the Delaware and the harbour of 
New-York, were events which the Contractor ought, and 
probably did anticipate — but the Contract secures him 
against capture, it is entirely improbable, that when the 
Contractor indicated to the Secretary of War, his inten- 
tion to purchase Flour and W hiskey at the South, he 
meant to incur the charge of transportation by Land. He " 
had a right to send by Water, and the Government w aa 
consulted upcn the subject of insurance and declined it, 
but authorised shipments in small parcels and in dift'er- 
ent vessels. The blockades which subsequently took' 



135 

place, forbid this course as a discretr" and prudent mea* 
«ure. 'i iie Contractor with a view of saving tlie national 
property, instead of sending the provisions into the jaws 
of tlie Iiineniy, preferred assuming a heavy cliarge, rely- 
ing on the justice of Government. It appears to me that 
he is entitled upon principles of maniflest Ecpiity to be 
paid flu; diti'erence between th(? two modes of conveyance. 
TheContractot's motive was patrioiicand honorable, and 
as the Government reaped the advantage, they ought to 
afibrd an indemnity. 

A. SPENCER. 
October 25, 1823. 



I have perused the within case, and T entertain no doubt 
that upon the facts there stated, Mr. Anderson is equit- 
ably entitled to an allowance for the extra expense of the 
Land carriage to New- York. Though it was provided 
in the Contract, that all supplies were to be delivered at 
tiie posts where they should be required, without expense 
to the United States, yet it was also provided that all loss- 
es sustained by the depredations of the Enemy, in articles 
hitended to compose rations, should be paid for. Th« 
intervention of the usual and proper means of transporta- 
tion by Water, by the Enemy's ships and tlie loss sustain- 
ed by Mr. Anderson by that means, appears to me, to- 
fall within the Spirit and equity of that provision and the 
loss ought to be paid for. 

JAMES KENT. 

Albany, October 21, 1823. 



From the circumstances detailed on the other side (the 
I risk of Capture having been undertaken by the United 
States, it would seem that the transportation by Land was 
entirely for their benefit. As if the flour had been cap- 
tured, that event so far as related to the Contractor, 
would have been equivalent to a delivery at the place of 



136 

deposit. I thcrofore think it perfectly equitaljle that the 
United States, which received the benefit from tiie en- 
creased expense, should bear it, I presume the Contractor 
would have been bound by his contract to defray the ex- 
pense of a Water conveyance, he should therefore still 
contribute to that extent, towards the expense of trans- 
portation ; but the dilference between the expense of 
Land and Water carriage appears to me fairly chargea- 
ble to the Government. 

TIIOS. ADDIS EMMET. 
New-York, November 4, 1823. 



New- York, Feb. 4, 1813. 
Sir. 

When I was last at the seat of Government, I stated 
the necessity of, and my intention to purchase Flour and 
Whiskey at a Southern Port, for the supply of the U. S. 
Troops, accordingly I have purchased and paid for one 
thousand barrels of flour, in Alexandria, and one hundred 
and fifty hhds, Whiskey at Piiiladelphia, to be brought to 
this port. — The Sea risk of the whole is at my hazard, 
the risk of the Government is the hazard of capture. I 
deem it prudent for me to procure insurance in this place 
to the full amount of my invoices, and I beg leave to re- 
quest yourinstructions whetherl shall procure at the same 
time insurance against capture, to the amount, that these 
articles are charged to government, uniler my contract. 
I am ever desirous of receiving, and obeying the instruc- 
tions of the Government. 

1 have the honor, to remain, 

With sentiments of respect, 
Your ob't. serv't. 
(Signed,) ELBERT ANDERSON, JR. 
Hon. John Armstrong, Sect'y- at War, Washington. 

A true copy. — C. Vande" Venter. 



137 

War Department, Ftbruary 13//i, 1818. 
Sir— 
^ Your letter of the -Itli inst. has been received. You 

will plea>;e to state in what quantities the tiour and whis- 
key have been shipped in tiie same vessel. If shipped in 
small parcels by different vessels, it would not seem ad- 
visable to procure any insurance, 
llespecifully, 

Sir, your ob't. servant, 

JOHN ARMSTRONG. 
Elbert Anderson, Jun. Esq. 
Army Contractor, J\cw-¥ork. 



New- York, Feb. lQth,\8l 3, 
Sir— 

I have the honor to acknowledge the receipt of 
your letter of 1 3th inst. The flour and whit^key has been 
ordered to be shipped in parcels of about 300 bbls. flour, 
and '25 to 30 hhds. of whiskey in different vessels. The 
pressing and urgent nature of my business has detained 
me from proceeding to the seat of Government. I shall 
leave this on Friday, and shall be in Washington in a few 
days thereafter. 

1 have the honor to remain, 
With great respect, 
Your ob't. servant, 

ELBERT ANDERSON, Jr. 
.Hon. John Armstrong, 

Secretary of iVar, iVashington. 

True copy — C. Vande VentCK. 



Extract letter dated New- York, 23d March, 1813. 

" I have now 4900 Barrels ofFlour at Philadelphia, Bal- 
timore and Alexandria, but it is impossible notwithstand- 



138 

in" the privi'edge to ship by coastwise, topass the Block 
adino- stjuadroii, and I have at great expense ordered ai 
greater part of the same over land. Thufi, f^ir, every ex- 
ertion f^hall be continued on my part to execute my dutieai 
with faithfulness." 

I romain, &c. &c. 

ELBERT AxNDERSON, JR. 
Hon. John Armstrong, iScc't. of War. 

OPINION. 

Cask Claim, (Q-) See page 15. 

We have examined the contracts submitted to us for 
consideration, and are of opinion that Mr. Anderson ia 
fairly entitled to a reasonable allowanre for the barrels, 
boxes, packages, &c. containing the rations, delivered 
by him pursuant to his contracts. Rations are the thing 
contracted for, which certainly mean no more than the 
quantity of the article, without reference to what it may 
be contained in. — In that way it is always furnished to 
the Soldier, he bringing the machine to contain it. 
What is a ration to him, when he receives it, 
from Government, is also a ration to Government, when 
it is received from the Contractor. We know that in the 
purchase of many of the articles of provision, &c. the 
things they are contained in are either to be returned or 
paid for — as to other articles, there may be a diversity 
according to the usage of business ; which usage will 
there always decide, because the parties must be suppo- 
sed to have dealt with a knowledge of that usage, and to 
have included the value of the box or package &c. in the 
Boniinal price of ihe article. In the contracts with Go- 
ve.iimenf, it seems to us that usage is clearly the other 
^vay. Those made in time of peace have always been 
expounded, hyrece'mn^ the rations vurtli/, at the places 
of issue ; and when on a march, great inconvenience or 
necessity recjuired that the Contracti)r';> barrels, &.c. should 
be used, they were always returned or allowed for to him. 
Fhis was a practice which seems to iiave settled tlie cott- 



1S9 

\\ atruction of the contract ; and when in time of war, those 

i which related to tiie same thing used the same lanjiuaije. 

We think the terms used can only receive the same in- 

I terpretation. If Government intended difterently tlieir 
cliange of intention should have been expressly stated ; 
for the Contractor must be presumed to have made hig 

|| bargain with a view to the established usage. No satis- 

: ffictory reason seems assignable why he should be called 

upon to do more in time of war, under the same bargain, 

II than would be required of him in the event of peace. 

WM. PINKNEY. 
THOS. ADDIS EMMET. 
JOS. OGDEN HOFFMAN. 
Washington Cittj, March lOth, 1815. 

Mr. Anderson having submitted to me for my consid- 
eration, his contracts with the Government of the United- 
States for supplying rations, (one of which contracts bears 
date the 25th Feb. 1813, and was made with the Secreta- 
ry for the Department of War) and his claim under the 
same for a reasonable allowance for the boxes, packages, 
barrels, inclosures, &c. containing the meat, flour, liquor 
and other component parts of the rations furnished in 
pursuance of his contracts, I am of opinion that in all those 
cases in which the boxes, &c. were delivered together 
with the rations, and retained on the part of Government, 
he is justly entitled ton fair and reasonable allowance for 
the value of the inclosure. This w»iuld appear to be ac- 
cording to the ordinary course of dealing, and there is no- 
thing in the contracts from which we are to infer that the 
beef, pork, liquor, &c. of which the rations consisted, 



Note — At the same time the above epinii^n* were e'lven, (hf nr-fpa 
opinioQ was fully given in favor of this claim b\ th<^ lale SAMUfc:!. Dh X- 
TER this opinion was left in the third Aurliior's office, hm is no tf be 
FOUND. It is worthy of remark that the late S Dext. r WAS ACT! \G 
SECRKTARY OF WAR AND WAS THF, AinHOKO! THE 
BLANK FORMS OF THE VERY CONTRACTS THAT IHB 
CLAIM OF CASKS WERE MADE UNDJlR. 



140 

were to inclii'le the vessel or cask or box in which they 
were containeJ. He vvas simply lo liirnish rations, w'lich 
does not necessarily, or according to usage, incliiilc the 
material for carrying or containing the same. 

JAMES KENT. 
Albani/, October 21, 1833. 



I have considered the question an.swered in the within 
opinion of <^hancelor Kent's, as well in reference to the 
con'ract ofthe iJ^th ofl^'ebruary 1818, as to the contract 
of tiie 7th of November 1811, and fully concur in the 
same. 

A. SPENCER. 

Albany, October 24, 1823. 



Copy from the Records of the War Office. 

War Department, Oct. 13, 1814. 
SIR, 

Your letter of the 3d inst. inclosing the contract, 
correspon lence and accounts of James Byers, Esq. Con- 
tractor, has been received. 

Tlio question submitted to this Department, appears 
to have been anticipate*' in Mr. Byers' proposal of Jan. 
27, 1B12, to furnish the deposits referred to, reserving 
to himself a claim on tlie Government for reasonable 
and equitable allowances beyond the price stipulated in 
h; contract, for all supplies furnished before that con- 
tract should take e»Tect. It does not appear by tiie con- 
tract referretl to, thai Mr. Byers was bound to furnish 
casks and boxes ; or in other words, it does appear that 
when til ^ rations were issued, the casks and bo^es be- 
longed to the coutractor. If, therefore, the casks, boies. 



m 

&c. have not been returned to him, and are rhar<TCf1 at a 
i fair price, the ainoiiut shouid be passed to ]ii& credit. 
1 am, sir, 

Very respectfu'ly, 

Your ub't ;-ervant, 

J4MES MONROE. 
! Col. T. Lear, Accountant War Dep't. 



Reply hy the late Contractor to the Third Auditor''s re- 
marks on the Cask Claim. 

./^., The Contractor is in all cases, entitled to indeni- 
t nification, tor Casks or Packages ; furuished and uot re- 
turned. 

1, 1. By every principle of law and equity, the Con- 
tractor should be indemnified for all losses and expenses 

i incurred in consequ(mce of requisitions made by Govern- 
! ment, beyond the stipulation of his Contract. 

2. The Contractorengases to furnish only provisions, 
he does not undertake to furnish Casks or Packages of 
any kind. 

3. Tiiese Casks or Packages were retained by Govern- 
ment, for the benefit and accomodation of Government. 

4, Many of these Casks or Packages, were never re- 
turned to the Contractor. — It follows, then, by an appli- 
cation of the principle (N. I.) that, for all the (\isks or 

I Packages not returned to the Contractor, he is fairly en- 
1 titled to an adequate compensation. 

i 
i 

If, 1. This principle is afbnitted, fixed and applied, 

by tlie decision of (Secretary Crawford, 27th of Janua- 
ry, 1816. 



142 

2. Independent of tliis decision, the principle is one sa 
obvious!, so well underslood, and so constantly acted upun, 
tlint no statute or precedent can possibly increase or di- 
nunish its I'orce. 

15, The Contractor has always been paid for Casks 
&c. delivered along with the provisions, to Troops on a . 
mirchjor on board of transports. — The Governnunt by 
admitting his claim in this case, admit it in all, for there 
is no dilxerence in the principle wiiich supports the de- 
in.ind, whether one cask or one thousand have been re- 
q.iired and delivered. 

C It is objected to this claim. 

, 1. That the stipulation to furnish the provision, com- 
prehends a stipulation to furnish the casks. — This exten- 
sion of rights, priviledges and powers, by arbitrary con- 
struction, convenient as it may be, is in the highest degree, 
capricious, dangerous and unjust. I'he language of the 
Contract is express — Rafions are the things contracted 
fur, and a ration is defined by the Contract, to be provi- 
sion and provision alone. The Casks, Packages, Boxea i 
&c. might have been claimed by the Contractor, at the 
place of deposit. — By being left-the U. S, escaped all the 
trouble and expense of repackage. — 

'2. It is objected, that the perquisites of issue were r 
intended to cover the prices of the packages. — This is i 
an idle evasion -there is nothing in the language of thai 
C)ntnici, to warrant so strange a construction. — Besides, , 
to tnis objection, there exists this unanswerable reply.—. ■ 
The issuing Contractor receives the same perquisits», 
whether lie or his predecessors had furnished the cask»i 
and provision. 

3. It is objected, that by the usage of Merchants, n« i 



148 

spparate charge is made for Casks or Packages. — To 
this, it is barely necessary to remark, 

I. That wliere merchandise is required by number, 
measure, or weiglit, (as in tiie case at present considered) 
and not by ihe package, cask, box, or vessel — the inclo- 
sure is a sejiarate charge. — 2. That in many purchases 
by the package or vessel, (as in the case of soap, candles 
&c.) the packtige is a separate charge. — And 3d, in all ca- 
ses the value ot'the inclosure is either a separate charge, or 
what is precisely the same, is considered in the price of the 
contents. 

U, The decision of the Honorable James Monroe, 
Oct. 13, 1814, fully admits and deliberately sanctions the 
validity of the claim, and the soundness of the principle 
herein contended for. After haviiiffdistinctlyacknowledg- 
. ed the force and generality of this principle — the question 
is at once concluded. — After this, it is not permitted, it is 
impossible, to debar a subsequent claimant, (in support of 
whose demand, the arguments of the Secretary may be 
applied word for irord, with full effect,) from the recove- 
ry of a claim, whose merits are identically the same. 
There is ind(!ed little doubt, rheit the principle was origi- 
nally intended as agenpralprinci})!e. Tlio after construc- 
tion given to this sound and sta esmanlike decision, m^iy 
have grown out of some policy of which the claimant can 
see neither the force nor the justice — That a codicil was 
added, giving to the decision, of the 15th of Oct. 1814, a 
limited and partial interpretation, long after the general 
decision was recorded, will appear by reference to the 
document itself, as well as by the record of the general 
decision, which stands alone on the books of the war 
office, without alteration, erasure interpolation or codicil. 

Again, it is of no sort of consequence, when or where, 
or why, or how, the alteration or addition to the decision 
was made, it is of no importance, whether the original de- 
cision was modified or not — the admission of the merits 
of the cask claim is full sufficient and operative, and can 



114 

be no way affectecl by tlie manvrr in which it was paid, 
or the addUional reasons tor vvhlcli it was granted. The' 
arguments used by the Secretary in f^vor of Mr, Bye s 
chiirn for cas.ks', are iiulependciitot' his claim for other 
indemnities. — Tiiey would remain in full f.re, together 
with the piincijjle they support, if Mr. Byers had never 
reserved or niaintijined a licht to claim indeninificatiin 
for the expenses of premature supplies. — For these ar-,ni- 
nients in fact, owe uothin:,^ of tiieir streyglh to his claims, 
ibr other com<n.'nsaiions. 

If this all J vance was designed to compensate him 
for the trui.b d and ex|)en^e sustained in supplying 
rations, and making deposits before his contract com- 
menced, why was not the allowance made under 
the clause, which reserved to Mr. liyers, indemnification 
for such trouble and expense. That clause is acknow- 
ledged to be ampiij sufficient to justify that claim. Why • 
acknowledge two c'auns in order to grant one? Wliy 
was the merits of his cask claim deliberately discussed, 
admitted and maintained? Wl'y was it admitted on 
principles which apply with precisely equal force to E. 
Anderson's case ? Mr. Byms did not stipulate that he 
should be paid for casks. To retain Mr. Jiyers' casks, 
then, was no mure a hardship than to retain Mr. Ander- 
son's. T!iere was nothing in the circumstances under 
which Mr. Byers made his preparatory purchases and 
suj)plies, which gave him a greater right to the casks 
containing these provision, than to those which contained 
the provision bought after his contract commenced. The 
losses and inconveniences, from the elfects of which Mr. 
Byers claimed exemption at the time, were entirely inde- > 
pendent of the loss of casks, &c. for the loss of the casks- 
would he no hardship to, Mr. Byers unless they were his 
]>ri)r)t!rty. And if they were his property, the casks for 
whii'h E. A. now claims, were to the same extent E. A's 
property. If the cask-claim, as is now pretended, be not 
valid in principle, why was not that claim when presented 
by Mr. Byers, rejected ; and tlie indemnification for the 



145 



'trot'.^^ile anc! expenf?o of preparatory supplies fr^'antorT un- 
dt;r tlie clause l))'uliicli it was expressly secured. Tl;ere 
was not the smallest necessity of connecting tins-' Indemni- 
fication with any other demand, or {>{.' ackncwledging 
the merits of the cask-claim, in order to justify the paj- 
jnent of the other. 



^, After all, the fact is that Mr. AnrVrpnn did as 
much more than his contract ree,ui!('d, at, Mr. Byers did ; 
«nd is, tlicrefore, on the very ground assumed by the Au- 
ditor, and indep(!n(i('nt ofihe foregoing cons-iderations 
entitled to lolief to the full extent of his e t a-seviccs. 
For it is not true, as ailedged by the third Aidiror, that 
IMr. Anderson could be called upon to make the deposits 
which he did make, by virtue of his ielttr ot 28th of 
January, 1812. 

On t lie arrival of Mr. Pyers ami Mr. Anderson at the 
scat of Government, to make " a new arrangement for the 
provisioning of the army." Upon being asked \'\ liether we 
would make our Contracts applicable t) a stare of War, 
that is, to supply forces mucii larger than tho^e contem- 
plated at the time we signed the Contracts, end at the 
very low price of our existing Contracts (14 ctnt .) My 
answer is contained in my letter of the 28th of January, 
1812. In that letter, I stipulated to retain all the cove- 
nants and conditions of the existing Contract b ittosup- 
ply, at 14 d. per ration, the troops which would be requir- 
ed for purposes of war, conformably to the ypii it and, 
•meaning of the several covenants of imj existing contracts. 
To what extent I rendered services, incompliance with 
the requisitions beyond the stipulations of my contract, 
may be seen by the following sketch. 

Stipulations of Contract Eequisitions as executed. 
8, JSor. 1810. 
1. That supplies shall To make deposits inad- 

be furnished in advance vance at Albany, Troy, 



146 



at the fortified places and 
military posts that are or 
may be establislied in the 
States &c. 

2. That these supplies 
shall be furnished in such 
quantities as shall not ex- 
ceed what is sufllcicnt for 
the troops to be there sta- 
tioned. 

3. By the usages of the 
service, it is left witli the 
contractor to issue fresh 
and salt meat alternately, 
and when it was required 
by general orders to issue 
fresh or salted meat, the 
requisition never extended 
to an entire week. 

4. That the option of 
issuing bread or Hour five 
days in every week, sliall 
be with the contractor. 



Lansingburg,and the wes- 
tern {)arts of the state of N. 
York, which places were 
not fortified nor military 
posts. 

To provide rations suffi- 
cientfor25,U00 men, at the 
above places, when there 
Avas little more than a re- 
cruiting party at Albany, 
and no troops at the other 
posts or places. 

To issue under the fore- 
going requisition, salted 
beef and pork exclusively 
for the whole time of 2 
months to the above 25,- 
OUO men. 



4. To furnish flour and 
not bread. 

(See latter requisition i 
pagc2\.) 



r. To conclude, there are some circumstances, which 
on the ground of extra services, go even further to sup- 
port Mr. Anderson's claim, than that of Mr. Byers.— 
Mr. A's. price and rei|uisition and Mr. B's. were the same, , 
but Mr. A's. deposits were purchased and made in the ^ 
state of New-York, under circumstances favorable to the 
U. States, and contiguous to places which afterwards be-, 
came the seat of War. His at places favorable to 
himscif, at a very great distance tVom the actual seat of 
military operations, mine on navigable icaicrs, where 
provision bore a higher price for home or foreign con- 
sumption, his, at the head waters of the Connecticut, 
where the articles were cheaper ia consequence of their 



147 

j-cmoteness from foreign and domestic markets. Mine 
at places favorable for tlic purposes of transportation for 
the use of the troops and armies of the U. States — his at 
places which required a land transportation of several 
hundred miles, at the risk, hazard and expense of the U. 
States. And it would be easy to show if required, in 
other circumstances in wiiich this compliance with the 
wishes and views of Government operated, decidedly to 
E. Anderson's detriment and disadvantage. 

Thus it appears, that E. Anderson is entitled to the 
-♦mount of this claim. 

1. On common principles of law and equity. 

2. On the decision of Secretary Crawford, 27th Janu- 
ary, 1816. 

3. On the ground that it has always been admitted, 
for casks delivered to troops on a march, or on board of 
transports ; the claim being the same in nature and prin- 
ciple, and differing only in amount. 

4. On the ground of merchants' usage. 

5. On the decision of the Hon. James Monroe, and 
on the general principle set forth in that decision. 

6. On the ground of extra-services. 

7. After the casks are emptied by issue, the TT, States 
never pretended to claim them, in corroboration of the 
arguments and considerations above exhibited, the late 
Contractor has it in his power to present the deliberate 
opinions of professional men, whose extraordinary talents 
and thorough acquaintance with every department of law, 
entitle them to all possible deference and respect, while 
their unquestionable integrity, their love of justice, and 
strict impartiality ; their long tried virtues, and their ex- 
alted reputations make it absolutely and utterly iinposa' 

T 



148 

ble to be^iovp, fbat they were governed in their decisions 
bvoihrr than the best and the purest of motives, a sincere 
aiid (l!^interoste(J anxiety to discover, to express and to 
support the trulli. 



War Department, February 22(Z, 1812. 

Sir. 

In confoi-mity to the proposal contained in your let- 
ter of the 27th of January, you will proceed immediately 
to purchase provisions sufficient to furnish rations tor 
twenty five thousand men, for two months, calculating 
the issues of meat, to consist wholly of salted beef and 
pork, two thirds beef, and one third pork. The object being 
inihe first instance, to secure the flour and salted meat. 
Ttie providing the small parts of the rations, may be de- 
layed for the present. The purchases may he made in 
such parts of the coiintry, as may be found to afford the 
svpplies on the best terms, having in view Walpole, in 
Mew Hampshire, or Westminster, in the State of Ver- 
mont, (Westminster is preferred,) Windsor in Vermont, 
all on Connecticut river, Vergennes, Fairhaven and Bur- 
lington, in Vermont, on Lake Champlain, as places of 
depo^^it, ot which places Walpnle or Westminster and 
Burlington, are considered principal and most important. 
The principal part of the provisions, that is the meat and 
flour, to l)e purchased, may be delivered one iialf at Wal- 
pole, or \^'estnlins er, the other half at or near Burling- 
ton but tiie latter moiety not immediately on the naviga- 
ble waters of the Lake. But as the purchases may be 
made by you in different parts of the country, and as a 
removal of the whole to the several places of deposit before 
mentioned, if recjuired iunnediately may imply an addi- 
tional and exfraoiduiary expense, such parts of the sup- 
plies as may I e m-jde at a considerable distance from 
them, may icuuun ibr the present, where they are purchaB- 



Cfl, and he transferred hereafter. The principal places 
of dt'posit, are designated with a view of enabling you in 
making the purchases, to form an idea of the expense of 
trans{)ortation, and to make your engagements on the 
most adcantageoiis terms. In addition to the places, 
herein before named, Springjichl in JJassac/nisetts, may 
be considered as a place of deposit for rations sufficient for 
fifteen hundred men, for two mcmths. 

You will advise this department of the progress which 
you make, and draw your bills as you make tlie purchas- 
es, accompanied with letters of advice. 
JAMEU BYERS, Esq. Contractor. 

A true Copy from the record. 
C. VAiNDE VEJNTER. 



(Qb) Cask captured and destroyed.— Claims under 
Contract 25th Ftb.lSlS. 

Part of this amount, viz. ;^1901,1 1 is claimed under the 
j€th article of the Contract, being actually captured or 

Note — It is painful to make a singlf commer't on iliis Setter ; thf' letter 
of requisition on the present raimant, will bf lou.iil pdge 31. an'! ;s dated 
three flays aUef the one to F B ers. Ii will oniy b'- reniavked, tha' m ihe 
tirtie the requisition is made on Mr. B he iiad signed his coiitiar cvuinieii- 
cing 1 June, 1812, nnd he tlien he/il one lor Sjjrinicji i'l and was in fact 
in the same situation as related tn that post, as E. A. was ti» tii ,si ilr of 
New Y liv. i>or was IMr. B^( rs' d- posii comiileled or deliver, ii i the 
U. S. until -liter (he 1st June Cut ili' was, the polic\ of iJii Govei ■cut 
to compel and lorce fe Contiacior to d< post /;*-(^/,a;a/"rv <»,« 'its 
of War, On the 2M of Feb. Ibl2 tlief were Messrs. ivii(;j;les o Visssa- 
.chusetls, wlo then heil \\v C'onirict lor that st:ite. (e\pirin-! on it ui Juiie 
i ISri,) who could and oug t 'o have been call, d np.M^ msteid of J 3. 
" who, (it is said) could noi be le. ally ca led i poll." C n it be presii < *d 
that Mr. A was to be culled up ii, ando|h.-is in like rris' s t xi-aipt- I he 
truth is, the Go\ernment believed h* panies A. anc) B. would exerute 
this important order witli the most tfticienc|'. ^See letter of 2:id iii-ctua- 
ber, 18i3 — page :»3.) 



J50 

destroyed by the enemy. The balance ,^2904,75 were 
lost and destroyed by means of the troops of the U. S. in 
descent of river St. Lawrence, both are claimed under the 
condition of the contract, allowing an augmented price 
of the ration, in proportion to the difficulty and expense 
of issue in the enemy's country, and under the 6th arti-r 
cle of the Contract. 



The claim of Mr. Anderson for the loss of the packa- 
ges, boxes, barrels, &c. containing provisions, &c. as 
within claimed, falls under the sixth article of his contract, 
and there can be no reasonable doubt that if he is enti- 
tled to the packages he is entitled to the loss of them 
sustained by the depredations of the enemy, or by means 
of the troops of the U. States. The article says that all 
loxses so sustained were to be allowed, and surely the 
packages, materials, &c. covering the provisions were 
property subject to loss, and being actually lost to the 
contractor, the demand falls within the terms and the 
palpable equity of the 6th article. 

JAMES KENT. 
Albaiiij, Oct. 22d, 1823. 



If the opinion of Chancellor Kent, in which I have 
concurred be correct that the Contractor is entitled to be 
paid, for boxes, packages, barrels, inclosures &c, delivered 
together with the rations, and retained on the part of the 
Government ; then there can be no doubt, that the within 
claim ought to be allowed; but Iconsiderthisclaimas stand- 
ing on the e ^ press provisions of the Contract, which stipu- 
lates " that all losses sustained by depredations of an en- 
emy, or by the means of the troops of the United States, 
ehali be paid for." 

If the packages &c. be the property of the Contractor, 
as coutradistinguishcd from the rations, of which I have 



151 

no doubt, then the loss in question comes within the 
terms or tile Contract, in either case it is not imputable 
to the laches of the Contractor, the loss proceeding from 
a casualty of War, or the act of the troops of the United 
States ; the government having assumed both these risks, 
in my opinion the Contractor i? entitled upon the strict- 
est principels to be paid a fair equivalent for the loss sus- 
tained. 

A. SPENCER. 
Albanij, Oct. 24, 1823. 



If the contractor has procured the appraisement and 
certificate of a Commissioned Officer, mentioned in the 
6th article of tiie contract, or shewn why the latter could 
not be obtained, I think this a very fair and legal charge. 

For the rations issued in the enemy's country, I think 
he is entitled to an augmentation in price in proportion to 
the encreased expense of transportation and issue there. 

THO^. ADDIS EMMET. 
mw-York,Nov. 5f/t, 1823. 



Rephj of the late Coiitractor, to the Third Auditor'' s 
Report to Second Coiiiptroller, on claim for Casks, 
Packages S^'c. lost cajyturcdand destroyed. 

This claim is so clearly provided for in the 6th article 
of the contract, that it is needless to resort to precedent, 
usage, or construction for the legality of the claim. Can it 
possibly be pretended, that casks, boxes, &c. are not re- 
quisite and necessary to convey or transport the provisions 
contained in those vessels ? Surely common sense is 
against such perversion. The frequent cases of payment 
as recorded in all settlements with Contractors, for wa- 
gons, horses &c, necessarily used in transporting Con- 
tractors' provision, which have been captured or destroy- 
ed, is full and conclusive as to the usage, and it is 



152 

undeniable that, all casks, bo\es tfec. delivered to troops 
on the march, or on board of transports, have always 
been paid for ; tlie demand is just and clearly witliin the 
6th article of the contract. 

The 3d Auditor has certainly mistaken the intention of 
the general article of the contract, providing for extra e->.- 
penses, " for transporting and issue in the Enemy's coun- 
try." The purquisites of issue are for a distinct conside- 
ration and are not relevant to the discussion for or 
against the claim for casks, if an e pedition is destined 
to go in the Enemy's • country, as was the case in 
the descent of the St. Lawrence, sucli extra expen- 
ses as may be incurred by the Contractor either in the 
employment of agents or by losses of any pro|)erty follow- 
ing that expedition, are imlubitabiy a fair chaige to the 
United States independent of the purquisites of issue and 
in the absence of the 6th article. It is ungenerous un- 
candid and unfair, to plead to this direct claim under a 
distinct article of the Contract, an advantage that has ac- 
crued to the contractor on any other stipulation of his con- 
tract. But, sir, what plea will justify the 3d Auditor,* 
(who in his reply to one claim, pleads an advantage gain- 
ed by the claimant in another) when you cast your eyes 
on the accounts before you, and perceive that the con- 
tractor has received no advantage of the purquisites of 
of issue, either on the w hole of the provisions delivered 
at the time of the setting out of the St. Lawrence expe- 
dition, nor the 12 1-2 percent or even the one cent per ra- 
tion for isming the balance after the loss was deducted, 
although the services were performed and the issues 



* Coucliidinj remark of tlie 3d Auditor on the claim for captured casks 
lie (itifi claimant) lus derived other advantages from the loss of provis- 
ion charged by I. im. Ill the insiaiict; ol the losses on the St. Laivrence 
(and it is believed in all others) he tias received a credit lor the stoss 
•rimoiiiit of losses, at the same rate as ii Ih provisions had been artually 
issued, besides an allowance of 12 12 pt-r ceiii oi' llie pio\i»ioii uHiriied 
to him for issue after tlie espeditiou was at ead.'' (See page o, uoie F.) 



153' 

actnaMy made by mynffcnt on thcdesccntand at the ter- 
miuaiiuii ut'tlio CApeclUion at the French mille. 



(Ela) Opinions on claim No. 1 for damages in receiv- 
ing prucision, not avihorizcd by contract, of A. Por- 
ter, captured fovr, Sfc. on the JSiiigura I-'ronticr in 
J true !8l3. There being an excess of S06,33S rations 
of flour over the number of meat rations a 3 cents pr 
rations ^yiyU,14. ( See letter of \b July i813,po^'f 45J 

I am of opinion upon the within case that Mr. Anc'er- 
son is entitled to some eijuitable alk)wance tor tJje loss 
or damage he may have sustained by being obliged to re- 
ceive an extra i)ru[:()rlion ol Hour as: within mentioned, 
inasmuch as the \aiue of his contract depended material- 
ly UjiOti jiresieivinia rnteaMe proportirn between the seve- 
ral articleis to be turnished wiiluu ".lie contemplation of his 
eontract. 

JAMES KENT, j 
Albany, Oct. 22d. 1823. 



I have considered claim number seven, and fully con- 
«ur in the view taken of the subject by Mr. Secretary 
Crawford, indeed tlie principle he advances seems so just 
-and obvious, as not to admit of further illustration.* 

A. SPENCER, 
Oct. 24, 1823. 



* " The Accountant in the settling the accounts of Contractors for 1814 
'15, will allow all claims, &c. 

Also, all losses susiaiued upon the issue of rations, not requirable by the 
CpD}ract. 

' ' All claims arising from loss sustained by requisitions, not authorized by 
lie Conlraci." — fcjee Crawfoid's iettec of instruction, page 1 20. 



154 

Undoubtedly under tlie Contract, Mr. Anderson was 
not bound to receive the provisions from A. Porter, nor the 
captured flour he accepted them only as a voluntary acco- 
modation to Government, and in his letter of the 15th of 
July, 1 8 1 3 to Genl. Dearborn, reserving his claim to com- 
pensation. It seems then no more than justice, that he 
should be allowed for the excess of flour over the other 
rations. What the extent of that allowance should be, 
I have not the means of judging, even if I were otherwise 
competent to form an opinion* on that point. 

THOS. ADDIS EMMET. 
New- York, Nov. 5th, 18i3. 



The damages sustained by the contractor in conse- 
(quencc of Gen. Dearborn's requisition, are so obvious, 
that it is a matter of extreme surprise, tiiat any opposition, 
should be made to this claim. Its merits are briefly these. 

^, Gen. Dearborn orders the Contractor's agent to re- 
ceive Mr. Porter's deposit. This requisition was illegal be- 
cause. 1. This deposit consistedof very unequal pro- 
portions of the articles comprising the rations. See 

third Article of the contract. — 2. The provision was stor- 
ed in barns, exposed to the weather and at distant places 
— See Porter's own letter. 3. There were no storehouses 
provided by Government to receive this provision — See 
oth article of the contract and Barton's certificate. 4. The 
Contractor's agent was not authorised to receive this pro- 
\i.<i(.>n. 

[^g On hearing that Mr. Thorne who had been forbid- 
den to receive provision except in equal pr<jportions. had 
given arc<"eipt, which without the sanction of the contrac- 
tor was oi'no validity, Mr. Anderson e plicitely protested 



ion. 



" Tlie Govfrnment allowed A, Porter for this {\oxn 5 cents pfr rat..^... 
tliey cliargKl u with ilit' cnptured flour »■ 7 1-2 rents li> ihe ((mtr ictor. 
As lie fi |. (1 up the <!fri(!enc\ of ttie parts, hp lisked tioni the lU'iliC'' wnd 
tquiiy oi the U. Slates to ciiurge llie Hour at 4 1-2 cents pec ration in lieu 
cl 7 I -2. 



155 

against this procedure, and reserved distinctly to himself 
a claim upon Governincnt for damages, (see liis lellei of 
18 July, dated S" ort George, Upper Canada.) 

Certainly the U. States will never so far compromit its 
honor antl iis dignity, as to attempt to avail itself of the 
ignorance or indiscretion uftlie Conlractor's agent. Cer- 
tainly the U. States, whose conduct ought ever to be go- 
rerned by rigid principles of pure integrity, will never seek 
to retain an unfair advantage, derived froni the error or 
misfortune of a public servant, whose best days have been 
devoted to the faithful andetticient execution ot a danger- 
ous, difficult, and thankless duty.* 

The Contractor is here made to receive no sort of equi- 
valent for the sum which he was compelled to pay. If 
the provision had been deliberately purchased of Govern- 
ment, he would have had an equitable claim for the dama- 
ges sustained. But in this instance damaged provision, 
in illegal proportions, and against all the stipulations of lus 
contract, is thrust upon the hands of the contractor, who 
is charged precisely as if the provision had been sound, 
in due proportions, properly stored, and voluntarily recei- 
Ted. 

Again, let it be recollected, that this sacrifice involved 
the contractor in another quite as serious. In order to fill 
up this very deficiency, created by an unauthorized act of 
the Government, he is obliged to furnish large quantities of 
the other articles of the ration, which cost him more than 
the contract price, and consequently exposed him to con- 
siderable losses. And here it may be proper to observe, 
that no blame whatever is intended in this representation 



* Mr. JaniPs Thorne was well l<nown lo every Officer serving on the 
Frontiers. W'i.h (ruth W' can say- tie wis pvei ready to accede lo the 
wishes »f tie commanding Officers and was ine of tti best and mos' use- 
t'i'l ap nts hat ev<'r w is entiploved in tliis or nn\ ci-m ' issariHi d' partment. 
Geii De.irborn diretttd him to do a duty tliat was opp«sed to the instinc- 
tions of hia principal. 

u 



156 

to attach to Gen. Dearborn. He, most assuredly, never 
nuvui 10 injure the contractor. The decision of the Ac- 
couniiug Oificers, who have attempted to make iiim suffer 
for tlie act of a public officer who neither liad the wish 
nor the /vo-Ai unjustly to deprive him of a single cent, is 
all that he complains of. 

C?« With respect to the captured provision, the fact is 
that it was not only very much damaged, (See the certifi^ 
cate of l\. Allen a gentleman of high respectability and un- 
questionable ve acity — wlio was fully in possession of all 
the facts) but, it was, in truth not even inspected — See the 
ce-tificate of John G. Camp. Quarter master on that 
frontier. 

1^, In answer to an objection raised by the third Au- 
ditor on the score of an unequal deposit subsequent- 
ly made by Mr. Anderson himself — it i;> barely necessary 
to refer the Second Comptroller to the letter of Mr. An- 
derson's successor William D. Chever, ofJuly, 1814, 
wherein he explicitly agrees to receive these deposits, the 
iiirqiia/itif of which he expressly states constitutes no 
sort of objection. 

^, Mr. Piatt in the final settlement of his accounts 
was very properly credited for damaired provisions turned 
over to his agent by a former contractor. — Mr. Anderson 
is doubly entitled to the amount charged by him, because 
he protested at the time, strongly against the requisitioa 
of Gen. Dearborn, 



Loss and Damages in receiving Deposits in "bulk or masB.. 

^ I certify that I am fully aware that Elbert Anderson, 
Esq. late army contractor, must have suflered a loss from 
having been charged in ma.'-.'^' with the ('eposit provision 
buiun-ing lu liic Uuiied States, iu the years i81ii and 1814. 



157 

Iftving at. tlie orisinal places of deposit, find located at 
diiiercnt points in the state of Ncw-York, lorasniucli as 
some of these ()hices are ssituated ai a considerable dis- 
tance from tiie iiontier, where the said provisions were 
required to be issued, and in con^equence of such dis- 
tance of transportation, many portages and other obstacles 
occurred which must liave occasioned considerable da- 
rn ige to Elbert Anderson ; the more especially as the 
flour was constantly liable to loss from the common con- 
stiuction of the barrels — the hard bread always drying 
and liable to mould and water ; the whiskey dmiinishing 
by evaporation and leakage ; the pork and beel losing 
its pickle and thence liable to damage, and the soap sub- 
ject to a heavy loss from drying. From these considera- 
tions, as well as from the usual losses incident to the 
transporting of properly, I am of opinion that the (damage 
incurred by any contractor, when property is reniuveJ 
the same distance as it was under the contract of Mr. 
E. Anderson, would be at least eight per cent. 

Damaged state of the provision rcceivedfor issue. 

" In the large quantity of flour taken from the enemy in 
1813, and passed over to the Contractor by the Quarter 
Master, E. Anderson sustained a heavy loss, not only in 
quantity, but more especially in the quality, as it really 
was not worth more than half price. In the parcel used 
by the Baker, Mr. William i aton, the contractor, was 
compelled from a sense of justice to make him an additional 
allowance of 2 oz. of flour to the ration over and above 
the contract made with him for baking common flour. 
' In making the above certificate, it may be proper to state 
that I have no interest whatever in the result of the settle- 
ment to be made." 



N. ALLEN. 



Richmond, Ontario Co. N. 
Y. Oct. "imh, 1823. 



158 

Tn all cases when property belonging to the Contractor, 
«va captured oi t.e.xtroyed by the eneuiy on the Niagara 
fro . ler during the late war, it was contained in barrels or 
boxes with the exception of the fresh beef. 

N. ALLEN. 

Oct. 26th, 1823. 



Vahte of the pad-ages S^-c. 

T certify and declare, that all tlie Contractors provisiotij 
ex. e|)ring fresh beef, either intended for issue or public 
deposits, was contained in packages, such as Hhds. and 
Barrels for Whiskey and Vinegar, Barrels for flour and 
Brrad, Barrels for Beef and Pork, and Boxes for Foap 
and ('andles, and that all the provision placed in deposit, 
or captured on the Niagara frontier were contained in 
packages as aforesaid, and that they the said packages, 
were necessary for the transportation and safe keeping 
of said provision, and I do believe the said packages, are 
worth as follows, Hhds. three dollars, Barrels containing 
flour, 38 cts, and Barrels containing whiskey and beef and 
pork, one dollar each, Boxes containing soap and can- 
dles, 25 cent.<« each, and that the above prices are gene- 
rally |»aid for liquor, bbls. and Boxes containing soap and 
candles, by the (contractor, at the time of purchasing 
those articles, and that the price of flour and meat bbls. 
are valued, and paid at the average value and are included 
in the general price of the meat and flour equal to 38 cts for 
flour and bre, id bbls. and loO for meat bbls, and that 
"wliiskey bbls, and soap and candle Boxes, generally 
niake a distinct charije in additioii to the price of the- 
whiskey, soap and candles. 

JAMES THORNE, 
Hov. 4, 182S. 



159 

Bad condition of A. Porter's dcpoaif. 

I certify to tho best of mv recollection, that the flour oB 
the Niagara frontier received in June, 1815, from Augus- 
tus Porter Esq. by Elbert Anderson, E^q. army contrac- 
tor, was in bad order. Its exposed situation for want of 
suitable r^tore Kouses, was alone sufficient to produce 
m lerial injury, being mostly deposited in barn)> and 
shtds, but little calculated to keep out the rain or to pre- 
vent waste by jdunder. 

JAMES THORINE. 

Marlborough, Woolen Factory, Nov. 4, 1823. 



Extract of the orders given to my agents dated 
Maij2i, 1813. 

"If tie provision left in deposit should not contnin all 
the articles necessary for the rations, you will fo:•th^^ ih 
advise Messrs. Matlter & Thorne of the deficiency, and 
slate what articles and the quantity required for issue — It 
will be advisable not to give your receipt, or make me ac- 
countable for provision in a greater quantity atone time, 
than are absolute necessary ; especially of those articles 
liable to waste or spoil, as Flour, Pork, or hard Bread, 
and whiskey that may be in a leaky condition. 

The provision should be delivered to you, in due pro- 
portion of all articles cpmprising the rations." 
Yours truly 
(-Signed; ELBERT ANDERSON. 

To the best of my recollection the above is a true copy 
of the instructions given to James B. Leonard. 

JAMES THORNE. 
ffov. 1, 1823. 



Ir 



160 

Claim for Transporiation. 
Amount ^43,136.24. (See order for deposit.), 

EXTRACT. 

" The supplies for the use of the posts on Lake Onta- 
rio, will be deposited at the mouth of Genesee, Salina, , 
Falltown, &c." 

(Signed) JOHN ARMSTRONG. 

War Dep't. \otli Nocemher, IB 13. 

2. Order to remove the provision to other places on 
the invasion by the British, in Dec. 1813, for the supply 
of tiie Militia"by Gen. Hall, dated Jan. 9, 1814. (tsee 
order of Maj. Gen. Hall.) 

3. Order of Maj. Gen. Dearborn of the 4th and l4th 
April. (See orders.) 

The above orders of 4th and 14tli April, give full pow- 
ers "as circumstances shall require." 



OPIMON. 

I have considered the within claims numbered .5 and 6, 
and it appears to me, that the Contract speaks a plain un- 
ambiguous language. " If the Contractor, t«hall be required 
to deposit provisions, at one place or post, and shall after- 
wards be required to remove them, to be delivered at an- 
other place or post, the expenses of such other place or 
post, siiall be borne by the U. States." 

If the orders of JMajor Genl. Hall, and Major Genl. 
Dearborn, require, or authorise a removal of provisions al- 
ready in deposit, or required to be deposited at any par- 
liculiir place or post, the expense of such removal comei 




161 

sit, as would be practicable, and he would also probably 
piirciiase provisions dejiveiable at the designated place. 
II' after a deposit made, or after purchases with a view to 
be deposited in a i)artioular place, a new destination is gi- 
ven to tlie provisions, it must necessarily subject tlie Con- 
tractor to a loss, in the transportation of the provisions 
from the place designated as the place of deposit originally 
to the place subsequently designated : and I am therelbre 
of opinion that this claim if supported by the facts, is a 
legal and just one. 

A SPENCER. 

Oct. 23d, 1823. 

The claim of Mr. Anderson, for transportation, in cases 
'where he conveyed provisions, under the orders of Gen- 
eral Dearborn, and General Hall, to other places of depo- 
sit, than those under the first order of deposit, 
,apj>ears to be entirely correct and just, so far as the 
expense of transportation was increased by a varia- 
tion in the place of deposit. I cannot conceive 
how a doubt can arise as to the justice and legality 
of his claim. It is founded on the Sd article of his Con- 
tract, with the War Department, and there is no color or 
foundation for any distinction between the loss of provi- 
sions diverted from the original deposit, while •© 
transitv, or after they had arrived at the Stores. If tncs 
expense and hazard of transportation, were enhanced by 
1 chano-e of place, unler the orders of the commanding' 
afficers, the title to indemnity and fair compensation, for 
the extra expense and risk is indubitable. 

JAMES RENTu 

I^ew- York, October, 3i), \^2Z. 



The contract, the letters of Gen. Dearborn and the order 
of Gen. Hall only relate in terms to provisions actually 
deposited. I do not think, therefore, that they give any 
legal support to a charge for the transportation of previa- 



II 



162 

ion'' tbat were never in deposit ; particularly as the con- 
trui/t s i\'s '' It is underjilocnt tlial all .upp.ics an- io be 
oii ma -v dwlivered at tiie Posts where tliey may be re- 
quj ed. witiiout any expense to the United tr'tates." But as 
thi' aUvjnuioiis in tiie pusfs for delivery, aSter the Con- 
tra. cor iiad made ins purciiasits and taken his i leasures for 
deposiiinij them in very dilferent places, must hav<; [)ut 
him to inconvenience and expense, I think he isentiiied 
to ■>Q remunerated for such expense and compensated for 
sucn inconvenience, so far as lie can establish or lay a foun- 
dduon lOr ascertaining their amount. 

THOS. ADDIS EMMETT. 
New- York, Nov. 5, 1823. 

Remarks on charge for transportation from Hand ford's 

Landing. 

In addition to the remarks made by me on file, I nov^ 
add die explanatory letter of Major Genl. Hall, dated 
Oct. 27 1823 ; and request the attention of the 2nd 
Co n.)tro;ier to this letter. Had tiic provisimi been actu- 
ally de iosited at Handfords Store House, for the deposit 
reqiii ed, by the Secretary of War's requisition of the 16th 
of November, 1813, the expense to the United States 
would liave been greatly increased, not only in Storage ; 
but the order of Genl. Hall, and the general order ofAIa- 
jor Genl. Dearborn, of the 14lh of April would have en- 
abled the Contractor to have deducted his 12 1-2 per ct. 
and one cent per ration from all the suj'plies so deposited 
an I the loss, risk, &c. in the transportation would have 
been borne by ihe United States. 

The Contractor's provision, which had previously been 
transported at his own expense for issue on that frontier, 
had all been swept away and destroyed by the invasion 
oftlie IJritish on the 31st of December 181 3, and consider- 
ing the critical state of that frontier by the invasion a- 
foresaid, he could not hesitate to obey with prom| iiess, 
wiiliout availing himself of his priviledge .>f,'50 days noiire, 
fhf several re(|uisitions of Major Genl. Hall. Had be 



163 

»f!ifliccl his own interest an 1 dollvered the provisions at> 
Hand i'opJ's store house, nioiitii ot" Genesee river, an*; had 
then taken them up tor issues, he would have been telly 
justilied by tiie terms of his eontract ; but a sincere and 
disinterested anxiety to meet the exigencies of the tinii s, 
and to avert the threati:ned disasters of that frontier, in- 
duced him to waive the exercise of a legal right. The 
provisions were purchased ca>it of (J< nessee river in the 
county of Ontario, and had he carried them to Handford'g 
landing, it would have been going out of the direct rcute 
to Batavia and Wiiliamsville. 

The 3d article of the contract certainly does not speci- 
fically require the provision to have actually changei! (wn- 
ers, or to have been deposited in order to make the tjf;ns~ 
portatioa a legal charge. (See 3d article of the cou- 
tract.) 

Claim for Tax on Wliiskey. 

OPINION. 

The claim founded upon the within statement of facts, 
I does not appear to be admissable at the Treasury De- 
i partment ; and the equity upon which the claim rests must 
be addressed to the justice of Congress. I should pre- 
jsume the appeal to that justice would not be made in vain, 
t and Mr. Anderson has very equitable and persuai ive 
grounds to ask for a reasonable indemnity for the depre- 
ciation of the value of his contract, by the direct interfer- 
ence of Government with the very article on which I is 
contract with them was to operate. He contracts with 
the Government of the U. States to deliver whiskey ra- 
tions at such a price, and Government then while the con- 
tract is in operation, lay a tax on whiskey, and raise and 
increase the price, it strikes me thot INlr. A. has very 
strong, fair and full claims for a compensation by way of 
indemnity for the injurious operation of the duty rpon hie 
contract. 

JAMES KENT. 
Alham/, 22d, October, 1823. 

X 



I(i4 

It appears to mc lliat it would be very uWuist iiut to 
make this allowance to Mr. Anderson. Ho estiiiiatcd iiis 
prices and made his contract under a state of things which 
he had no right to presume would be changed during il.s 
continuance. Government, to supply its own conveni- 
ence or wants, voluntarily made a change which essenti- 
ally injured him, as the other contracting party, and 
probably deprived him of all his profits, the change might 
as well have been carried to an extc nt that w ould make 
the execution of the contract ruinous or impossible. If 
the change had been produced by the act of a stranger 
or foreign power, perhaps he would have no other re- 
source but to throw himself on the generosity of the other 
party of the contract. But where that party to the con- 
tract has voluntarily done an act so essentially varying 
the situation and destroying the profits of the other party, 
I think he is bound to make good the consequences of such 
act. 

THOMAS ADDIS EMMET. 
Netc- York, Nov. 5th, 1823. 



Reply on Claim for damage sustained hy Tax on 
JV/iiskey. 

Nothing can be said by me, to add to the force or jus- 
lice of this claim, and had the 3d Auditor simply referred ' 
the Claimant to that August body, who no doubt for wise 
purposes imposed the tax, for redress of the injury done 
to him in one of the essential articles, which he was' 
bound to furnish in a contract made before the Tax was 
laid by the Authority of Congress, it would not have in- 
volved him in the necessity of any reply. 

The claim however, is one that addresses itself to th6 
best interests and truest policy of an enlightened nation, 
t;vcr jealous of its own rights, and ever ready to redress 
the Avrongs done to its own citizens, by its own acts^. 
^V hilc the Constitution of our Country enjoins in the most 



105 

soicnii! imiiiicr, tiu; must sncrcd regard to the fulfiimciu 
of puolic faitli, tliis tlnim for indemnification is one that 
mii!<t ever be ackiiowliMltrrd, by the unanimous concur- 
rence and consent of every man in thisconmiunity. 



I have considered the within claim to an allowance on 
the article of whiskey, in consequence of the act of Con- 
irrci^s, of the 24th of July, 1813. It is presumed to be 
mi undeniable proposition, that the same principles 
which govern and control t!ie contracts of individuals, 
ought in a moral and equitable view, to be applied be- 
tween the Government and an individual. If an individ- 
ual had by his own act prevented a party with whom he 
had contracted, from the performance of his contract ; or 
had artificially and contrary to the just expectations of the 
other party, enhansed the price of an article contracted 
to be delivered, it is beyond all doubt, that a court of e- 
quity, would afibrd relief to the injured party. The Go- 
vernment undoubtedly for wise purposes, passed the act 
referred to, but in doing so they unintentionally injured 
Mr. Anderson ; by virtually changing the nature of his 
contract, and imposing upon him a burden which he ne- 
ver could have contemplated when he entered into his 
contract, on the 25th of February, 1813, the direct effect 
of this act of the 24th of July, 1813, v»as to enhance the 
price of whiskey, and thereby JVIr. Anderson was prevent- 
ed from obtaining it upon the terms contemplated by both 
the parties to the contract. It is true that Mr. Anderson 
,. took upon himself all the risks of the lluctuation in the 
market ; but he did not take upon him the risk of the rise 
in the price of whiskey, produced by the act of the other 
contracting party. It must have been impliedly under- 
stood by him, that the other party should do nothing to 
enhance artificially, the price of whiskey. 

I cannot hesitate in saying that after the Government 
iiave contracted for the delivery of an article at a stipu- 
lated price, then to pass an act having a material influence 



1G6 

on the price, and yet to insist on its delivery at the former 
p CO, ivouM be an extremely rigorous and apparently an 
U' list procedure. There would be no safety in contract- 
in with the Government, if it was not bound by the .same 
rules of good faith, which would be exacted of an individ- 
ual. 

Can it be doubted that had the Contractor foreseea 
this event, (the passing of the act, of the 24th of July 
1813.) that he would not have guarded against it by his 
con'ract.'' And can it be believed that the Secretary of 
War would have resisted the insertion of an article, that 
if the price of whiskey shoukl be enhanced by an act of 
the government, that the enhanced price should be allow- 
ed to the contractor. Considering then this contract as 
one with tlie government through its functionary, and that 
the government have by an act of])Ower subsequently to 
the contract, produced a material burden on one of the 
articles contracted to be delivered ; it seems to me a plain 
and obvious principle of equity, that they should compen- 
sate Mr. Anderson by making good his losses occasioned 
by their own act. 6'ci. 24, 1 823. 

A SPENCER. 



Dr- United States in account current with Elbert An- 
derson, for subsistence of the Army of the U. States 
under contract 7, Norcvibcr 1811. 

No. 2. — To amount of casks, barrels, &c. furnished un- 
der the contract of 7 Nov. 1811, suspended in Ibrmer set- 
tleiiKMii. The same is now charged as a reasonable and 
equitable allownnce under the circumstance of his being 
called to Washiugton by tiie War Dep't. as per letter of 
Wm. Eustis, 8 Jan. 1812, and as lie made his contract of 
7 Nov. 181 1 applicable (under similar circumstances to J. 
Byers) to the tiien exi«encies of the country, and as it will ! 
fully appear by the said Contract, Mr. Anderson was not 



107 

hoiinH to furnisli casks or packages ; but it docs appear 
tiie said casks and packa.es were funiislied, and were 
liLM'essary tor the saie keeping and preservation of the 
psjivi.sion called for in deposit, and that the same were 
m uie at places and posts where there were no troops or 
gari isons, as made it obligatory on the Contractor to obey 
tl>e orders for, said deposits, as will be «een by reference 
to tlie ovenants and conditions of liis contract, dated as 
aforesaid, 21,480,41 

L>cduot amount received from deposit, 7,514,11 

,<^ 13,972,30 



Under Coniract 25, February 1813- 

No. 1 — To amount of provisions belonging 
to the Contractor, sold by John Bliss, A. D. Q. 
M. General, at Sackett's Harbor, and credited 
by him in account with U. S. for quarter ending 30 
June 1814. 114,00 

2. — 287 bbls hard bread erroneously charged 
me, as said to have been received from A. Por- 
ter 28,700 rations at 7 12 2152,50 
also 394 galls, whiskey 1 260S 3 1-2 441,28 

3. — Amorunt casks captured and destroyed 2,593,78 
by the enemy as pr statement, 190 1,11 

To amount casks and packages lost and de- 
stroyed by troops U. S. in descent of the St. 
Lawrence pr statement, 2904,75 

Note— This amount of barrels, casks, Sfc. 4,805,86 
is charged tinder the Gth article of the contract 
mid under the condition of the contract allow- 
ing an augmented price if the rations. 



Forward 21,485,94' 



168 

Forward 21,485,0-1 

4. — To transportation deposit provision from 
Plattsburg to French Mills by order as paid 
John & Roswell Waite in December 1813 and 
January 1814 pr vouchers lierewith. 136,43: 

5. — To additional voucher of transportation 
from ilandford's landing to Williamsville, by 
order of Major General Hall, pr receipts here- 
witli, 832,87 

6.— To general abstract transportation pro- 
vision from Genesee river, having been order- 
ed for deposit there, and afteru'ards ordered to 
Williamsville by order of Maj. Gen. Hall, 
vouchers herewith 12,303,37 

7. — To damages sustained by receiving of 
Aug.Porterandof captured flour as well as oth- 
er provisions purcliased by orders of General 
Smyth and by Qr. Ms. Camp, on the Niagara 
frontier in June 1813, there being an excess of 
306, 338, Rations of flour over the number of 
meat rations at 3 cts. 9,190,14 

Note, as the contractor was compelled to 
receive the above excess by orders of the com- 
manding general and not by the general stip- 
ulations of his contract and as it will appear by 
the receipts for the same it was deposited in 
various places, and in " bad order" at a dis- 
tance from the posts of issue, and without suf- 
ficient store houses &c. He asks from the 
justice and equity, of Government, as well as 
the stipulations of his contract, that the reason- 
able and equitable allowance be made to him 
on the excess of flour received. See his re- 
marks in red ink <mi this subject in his origi- 
nal accounts on tile in the accountants depart- 
ment. 



Forward 43,948,75 



1G9 

Forward 415,948,75 
8. To damage sustained by not receiving the 
balances officially declared due, for which war- 
rants were issued and certificates given, viz : 

^181 243,57 dated 14 March 1815 
56 756,42 " 27 June " 
7 389,34 " 10 July '' 
which balances by the 10th article of the con- 
tract, were immediately to be paid, and like- 
wise under a pledge (making a further part of 
my contract of 25th Feb. 1813,) made by the 
the Hon. James Monroe, dated 31st of Oct. 
1814, pledging that the balances due should be 
promptly paid on settlement of the aforesaid 
accounts. See receipts for time of payment, 
and certificate of J. VV. Yates. 10,000 

Reservingr to my heirs and assigns the right 
to call for the benefit of such general provi- 
sion as congress may have made or may here- 
after make for the general relief of public cre- 
ditors who have furnished supplies and received 
the amount in treasury notes or in notes of 
local banks wliich were below specie value 
at the time and place of payment. 

To damages sustained by the augmented 
price of the Whiskey ration furnished under 
contract 25th Feb. 1813. Caused by an act of 
Congress passed 24th July 1813 to take efl'ect 
1 of January 1814, five months before the ex- 
piration of said contract, laying a duty on stills 
and boilers employed in distilling spirits from 
domestic materials during the year 1814, sup- 
posed duty being 14 1-2 ets per gallon, amount 
furnished in said period is 226,045 galls, at 14 
1-2 cts. 32,776,52 



Forward 86,725,27 



170 

Forward SG, 725,27' 

Roservinij claim for loss by tlie anticipatuJ 

rise ot'wiiiskcy I'roni the time tiie law })a,S!>ecl, 

viz. July 24 1813, to the time it took etlbct, ist 

Jan. 814, amount of gallons iVirnislied in said 

period is 8y 193, at cts.* 

Dlls. 80,72^,27 • 
Washington, Aug. 11, 1813. 

ELBERT ANDERSON. 



Washington, \Sth August, 1821 
Sir, 

On the 12th inst. I had the honor to hand you my 
accounts, under mv contracts, with the war dept. uatvd 
7th Nov. 1811 and 25th of Feb. 1823, forthe supplies of 
subsistence to the armies and trooy)s of the L). btates. for 
the ita'e of New- York and within the Canadas. I have 
since received from the VVarand Treasury depts. ofTiciateo- 
pies of correspondence with the heads of those dept;-. as 
detailed below, all of which have an immediate bearinj^ on 
my claims. 

I have learnt from a report of a select Committee of 
Congress, dated ■'^d of March, 1823, to which was refer- 
red on the ;5d of February last, the petition of the re[>re- 
sentatives of John H. Piatt, deceased, and I tind it there- 
in stated, that, " the decision, as to dama<jes particula ly 
was a general decision of the War department, establisii- 
inga rule for the accounting officers, in ail cases of !)i!ls 
dishonored and protested on account of the inability of 
the (iovenmient to pay, embracing all protested bids 
which the parties had a right to draw." 

1 think the records of your office, will exhibit no 
claim of a stronger character than the claim for dam-i; ea 
on protected bills. After my accounts and vouchers 1 >d, 

* ii'.MOr; r-allono at 14 1-2 rents is li>. 932,99 making the total losi »i-«- 
lainfcl in conscrjuence of the tax, 45,709,al, 



171 

been fiirnishecl, claiming a balance of nearly ^300,000, 
of wliicli a large amount was suspended, leaving a balance 
of more than ^,'250,000 due me as officially reported by 
your department ; yet my drafts for ^200,000 were dis- 
honored and protested. 

If Government have ordered protested bills to be paid 
witli damages, as aforesaid, a measure so just will give 
additional evidence at home and abroad of their good 
faith and credit, and will not fail to inspire the creditor in 
future wars and emergencies, with that confidence so essen- 
tial to the interests and honor of the U. States. Under 
these considerations, it is due to the respect I owe my own 
character, and to the solemn regard I have for the welfare 
of my posterity to make known to your department as 
promptly as possible, that I claim the damages aforesaid, 
to the full extent of the qsages and decisions of the War 
Department, and to a complete understanding of my case, 
I claim all the stipulations of my contracts or the reasona- 
ble construction thereof, as have been granted to the 
most favored of my cotcmporaries who have faithfully and 
truly given an equivalent in services, and have rendered 
vouchers for the same. 

My sentiments and deeply wounded feelings on the 

subject of protested bills, have been repeatedly and res- 

Ipectfully made known to the Plon. Gentlemen who have 

successively had charge of the War Dep't. in 1814, «&. '15 

as will more fully appear by letters of 23, 24 and 30 

t March 181.5, &c. to Hon. A. J. Dallas, Sect'y of War, now 

[on file in the W^ar ofiice. 

' With a view of all the subjects that may be called in 
discussion, either by private or public examination of my 
cfaims, I feel it a sense of duty again to call your atten- 
tion to the balance due me, and suspended in former set- 
tlement for damages grown out of the improper interfer- 
ence of General Wade Hampton on the northern fron- 
tier. The interference of Gen. Hampton, with my right 
before he had occasion to call for, or receive a single ra- 
tion in my district of supply, was a serious injury to me, 
inasmuch as I returned to the supply by his own request, 

Y 



172 

anri hv order of the Wnr Dep't. at a season of the year. 
\'iz. December I',13, when it was impossible to meet tlie 
supply of a leficiency of bread-sttiifs at the posts ofCliri- 
U':i!!gay Mil, I French Mills, witiioiit great sacrifices and 
hazard, and in as mu( h as the failure of the campaign of 
th It voaf, and t)ie temporary distress of the troops, were 
attributed to thi^ citnlractor, by those persons ignorant of 
the fact, that General Ha^iipton alone was accountable, he 
havincr usur|)ed the power and assumed the whole res- 
p )nsibilities of the commissariat, as will fully appear by 
correspondence now on file in the War Office. Respecta- 
ble certificates accompanying the claim, estimated the da- 
manfos at $20,000. The amount charged by me was on- 
ly ^14,343.75 of which ^9,843.75 have been allowed, 
leaving a balance now claimed of ^4500. 

In addition to this there is a claim for 505 hides of 
beeves, slaughtered at Niagara, captured and destroyed, 
as suspended in statement of differences, amount, ^1,767. 
5' '-(to. This is again claimed under the 6th article of 
the contract, it cannot be contended, when fresh beef is 
required, that the hides are not necessary in transport- 
ing cattle to the place of issue. 

If vessels, carriages, horses &c. although not expressed 
in the contract, when captured and destroyed, should be 
paid for by appraisal under the 6th article of the contract, 
can it be said that the same article, does not provide for 
the hides of beeves, that have been slaughtered or are oh 
foot at the time of capture ? I claim this and the amount 
of casks and packages captured and destroyed under the 
aforesaid article, and the general stipulations of my con- 
tract, allowing an augmented price of the ration for ex- 
pense of issue, &c. in the enemy's territory. 

After the vouchers and letters, I have the honor to lay- 
before your department shall have undercfone a rigid scru- 
tiny, should it be your opinion, that to an eventual settle- 
nvmt of any item, the same shall firstbe submitted to th© 
lion, f^cct'y. of War, I pray you will have the goodnesa 
to allow mc a copy of your dytermiuation and objectioHf, 



17S 

thrit I nny Ii;ivs timn to reply and place side by side my 
illiLstraiioiis. If you will do me the fuvor to acknowledge 
the receipt of this letter, and llie one of the r2th inst. in- 
olosing a(!couiirt!, 

\ oil will greatly oblige 

Yoiirob't. servant, 

EL'5ERT ANDERSON. 
Lute Army Contractor, 
l?eter Ilajner, E.sq. Third Auditor. 

Supplementary nrcovvt avd claim x in Eqiiiiif. 
To amount of casks and packages furnished under coa- 
tract, 25th of Feb. 1813 

25,097,80 
Less amount received back for issue, 14,175,90 



10,921.9a 

To damages on my bills for ^1 50,000 and 
50,000, protested, see vouchers and protest 
on file. $200,000 at 10 pr. ct. ) 20,000.00 

To interest at 6 pr. ct. from the ' st of March, 
the time the Contractor had a right to draw to 
1st of June, on 25'),000, 3750 

interest at 6 pr. ct. from 1st of June when all 
the services were performed and the provisions 
dcliverotl, U. S. viz : 1st Nov. 6250, 10,000.00 

Interest on same from 1st Nov. 1814 to the 

Forward 40,921.90 



NOTE. — The late Contractor Hops not Ihlnlc it npcpssary to exhibit the 
entire correspondence with the Third Auditor, on ihe claims set foitli, imr 
the replies thereto, nor the suj^sestion of 3d Auditor to '2d ConiptroiliT, os 
the Contractor's answer; more especiallj as the 31 Auditor has recently nd 
since the commencement and publication of ih' remoiistiBnce (March IRi'l) 
I' corrected his error of $\Q 235,3S as coiitaineil in hii sugpeiiion to 2fl 
Comptroller, 27 Sept. The Contractor hopes that t.'ie 3d -Vumi'oi «ill yet 
hasten to retract other errors and misLikes in his report an I sungestion^. 
And should the 3d Auditor have it in his pnwer now or hereafter to point 
out ani/ err«r the Contractor has inadTPrtenlly romini 'ed in lis official 
accounts or defence, he will not hesitate to acknowltdge prompily every 
«rror respectfully made known to him. 



174 

Forward 40,921.90 
14t1i of March, 1815 the time the balance was 
declared and warrant issued. 5G25 

5,025.00 



To discount on ^56700 received in treasury- 
notes 28th August 1815 in lieu of specie ; pr. 
certificate of iVIessrs. Prime Ward and Sands 
at 1 1 pr. c(. G2;37 

Discount on 188,632,91 received in treasury 
notes (1 Jan. 1816 pr. certificate as above at 
8 47-100 pr. ct. 15977,20 

22,214.20 

To transportation flour and wliiskcy over land 
from Philadelphia, Baltimore and Alexandria to 
New- York during the blockade of the coast by 
the British in 1813, 7939 

Less the usual freight by water, 1990 

5,949.00 

To balance due, on the interference of Gen. 
Hampton, during the summer of 1813 paid in 
part by U. S. in former settlement, 4,500.00 

To 505 beef hides, captured and destroyed on 
the Niagara frontier in Nov. and Dec. 1813 as 
suspended in former account, 1,75000 

To 12 1-2 pr. ct. allowance for leakage and 
W^astage on the issue of the rations in the de- 
scent of the St. Lawrence in 1813, and one ct. 
pr. each ration, as provided for by the con- 
tract of the 25th of Feb. 1813 as pr. state- 
ment with my accounts in the Comptroller's 
office. ,7 49.6 



E. E. Dollars, 86,709.7<^ 

LETTER OF APPEAL. 

To Hon. John C. Calhoun, Secfy. ofihe Dep't of War. 
Washington, 2Ath of November, 1823. 
May it be permitted for me, Sir, an unpretending citi- 
zen to lay before you, in my own simple language, 



175 

;:u(i \iit!i all poR,si!)lo deference to yotir better and more 
praclisL'd juuirmeut, llie considerations wliicli ougiit most 
fo oi)erate in the discussion and final settlement of my 
claims. 

In asking the fulfilment of public pledges made so- 
lemn by tlie peculiar circumstances of the country, at the 
time they were made, I only ask the Government to study 
its own lienor, and secure its own interest. On the invi- 
olate purity of the public, faith, reposes the safety of the 
commonwealth, for unless she observes in the fulfilment 
of her compacts, a system of enlarged and liberal policy, 
she can never expect to command, in the hour of danger 
and in the day of trial, the full and undivided efforts of 
her people. And the day may come before we are aware, 
when Nothern America may require all the strength and 
treasure of her citizens to defend the very existence of 
her political liberties against the deliberate assaults of 
confederated tyranny. 

These are surely considerations which very forcibly 
urge the necessity and the expediency of applying the 
most equitable interpretation in the construction of all 
contracts between Government and individuals. And 
accordingly I feel assured that in the adjudication of my 
claims, I shall not sufter for the want of express or speci- 
fic " assurances." 

Had I presented myself at the seat of Government, at 
the most critical period of the Campaigns, ofl8]2, 13, 14, 
I could have addressed myself, as others did, to the fears 
of Government. I could have alarmed them with warn- 
ings of anticipated disasters, and have obtained codicils 
to existing contracts or "assurances" verbal or written to 
make me good against all emergencies. 

But I never will consent to ask the fulfilment of any 
pledges or the benefit of any decisions, but such as are 
applicable to every citizen in similar circumstances. JNor 
do I believe that if all my claims should now be granted, 
your decision will want any other justification, than the 
terms of the existing contracts, their stipulations and im- 



J7e 

partial construction: yet I am free to declare that Twill 
notaccojjtaiiy com[)ensation for damages in receiving de- 
preciated treasury notes in the absence of Gold and Silver 
which damage to me is upwards of ^^20,000, unless the 
same is extended by a general decision and rule to ail the 
suHerers. 

By the rules and usages of the War Department, I had. 
a right to draw for advances three months preceding the 
expiration of my contract, viz : on the ist of March, 18! i, 
yet my drafts were not presented until the '27th of October, 
nearly" months after, and then afier my accounts and 
vouchers had been regularly furnished, shewintj nearly 
^'3'JO,000 due me, my drafts for ^'200,0()0 were dishonor- 
ed and protested. Interest and damages on protested 
bills luir.e been granteel under a general rule for the set- 
tlement of contractors'' accounts, and paid in other cases, 
deemed not more favorable am] I cannot believe interest and 
damages will be denied me. But, sir, I have been told my 
case was one of succi ss, and a former chief clerk of your 
department, has declared that in the final settlement of my 
accounts, there trasnpwards of $250,000 due me, hut I had 
110 damages or extra price far rations, allotced me in con- 
sequence of the advances I made. 

If my fortune, and the fortune and credit of my friends 
were embarked in the service of government in the ab- 
sence ofadvances justly due me, at a time when the trea- 
sury was empty, and the enemy were burning our dwell- 
ings and laying waste and desolate our frontiers, surely 
it will not be pleaded against me, that I borrowed from 
banks on my own credit and the credit of my friends for 
the purposes of government, nor will my presumed pro-, 
fits be placed in bar to my rightful demands, whatever 
may be said I can assure you sir, and I know you will 
believe me, that the actual profits have been exagerated , 
fourfold, yet the hazard has l)een great and compiioated, 
the engagements contingent and prospective whilst the 
exigencies of time place and the number to be supplied 
Avero doubtful. Under no circumstances has the profit 



177 

I been eoinmensaratc to that of an ordinary mercantile 
transaction. 

Sympathy for the misfortunes of a debtor is natural and 
ij laudable in private life, yet it cannot be denied tliat it 
! should in som^^ measure be circumscribed in public tran- 
sactions, because strict justice can only be measured and 

I weighed byimrnutable and universal Law, and if the gen- 
erous feelings of our nature are to be throvvU into the 
scale of misfortune, it will in a great measure tend to the 
justification of every defaulter on the books of the treasury, 

TJjese remarks are drawn from me, because it has be- 
come almost a rule for the accounting officers to 
grant to those who are reputed unfortunate, cre- 
dits which may be denied to the just claims of the solvent 
creditor. Hence it had become an axiom in public tran- 
sactions to obtain more money from government as ad- 
, vances than could be oftsett by official vouchers and 

I I credits at the tinip of settlement. 

I In a Government emanating from the will and intelli- 
■ gence of an enlightened people, such principles must and 
w^ill have a tendency to drive away every highminded and 
honorable man from their service, and leave the treasury 
open to improvident adventurers. The nation has placed 
in the heads of department with the advice and consent 
of the President the highest chancery powers to adminis- 
; ter between the creditor and the government, and we cannot 

I but believe that e\aci and impartial justice will be ad- 
j ministered to all ; and yet already have our courts taken 
the solvent debtor under their protection, and allowed 
offsetts to the suits of the U. S. Is not this an evidence 
that the people in their capacity of jurors conceiving that 
justice may possibly be denied, step to the relief of the 
supposed debtor, and thus government who ought to be 
considered invisible and incapable of doing wrong, are 
now from the want of confidence in their justice put to 
their plea and are to be impleaded with the defendants 
before their own courts and jurors. How necessary is it 



178 

then, that Uiis coniidence should be safely rci)osed and j iisi ice 
and equity made the only standard of every decision. When 
these immortal guides cease to direct the comicijs of our 
rulers, the people cease to respect the physical invisibility 
of government and indignantly shake oil' their trammels 
and abandon their allegiance. 

I anticipate the reply to these observations, that every 
person aggreived will find the halls of congress open and 
that they are ever ready to hear the pleadings of the suf- 
ferers and do justice to the injured ; but is not justice 
often delayed until the heart sickens ? and the promised 
relief is postponed session after session, until the bcdy 
sinks under the mind's hope deferred ! and in some cases, 
a generation may pass away before relief is administered : 
but these circumstances shall not deter the undersigned 
from the trial, and as he has conscientiously done his duty 
under great emergencies and trying circumstances, so 
will he, as life may be spared, without fear of popular cla- 
mor or private calumny, continue to look with confidence 
to tliose universal rules of equity and justice which have 
carried a great and powerful people thus far to prosperity 
and happiness. 

I cannot be disappointed in the result of my appeal to the 
2d Comptroller and the protection of the Hon. k^ect'y. of 
War under my claims of equity and construction of the law 
and the contract, and for interest and damages on protested 
bills and delayed payments. Yet there is one claim from 
the responsibility of acting on, which I voluntarily release 
them, nor will I complain that it should be referred to that 
august body for relief, who, no doubt for wise purposes, 
imposed the tax "to sustain the public credit," on one of 
the essential articles which I was bound to iurnish in a con- ' 
tract made by their ministerbefore the tax was laid. This 
dajin IS 0716 that addresses itself to the best interests and 
Irucst polic!/ of an enlightened nation, ever jealous of its 
oian rights and ever ready to redress the wrongs done to 
itx oicn citizens hy its own acts. Whilst the constitution 
enjoins in the most solemn manner the most sacred re- 



179 

'^aii! t«i the fulfihiiciit of public faith ; this claim for indem- 
uilioalion to all wlio have been injured, is one that must 
rver be acknowledged by the unanimous consent of every 
man iu this comniiinity. 

.Should my elforts to obtain a general act for the relief 
of all the suli'erers under the act of congress, 24th of July, 
1813, be unsuccessful, I shall regret it, because many un- 
fortunate claimants have died and left widows and or- 
phans, to whom the relief would be true mercy, and legiti- 
mate justice : as to myself I will retire with cheerfulness 
and continue to teach my children, as my father taught his, 
that in all circumstances of life, a vigorous mind is suffi- 
cient for itself; to be humble in prosperity, in adversity to 
be resigned — by an undeviating practice of honor and 
integrity, and by a determined and useful employment of 
mind and body we shall obtain the long looked for secret 
of the alchymist and sage ; independence, health and hap- 
piness. 

With great respect, 

1 am, &c. 

ELBERT ANDERSON. 



<©©iri^iiirT^* 



Remonstrance and Protest, Page, S 

Note and reference to Facts, 19 

Correspondence and Orders, 31 

Contracts, Documents &c. 61 

Correspondence and Documents on claim for Interest, 101 
|Eqiiital)le claims and Opinions, 133 

Cask claim and Oj)inions, 138 

Claim for captured Caf*ks «fec. 149 

Claim for damages, in receiving provision not required 

by the Contract, 155 

Claim for Transportation, 160 

Claim for tax on Whiskey, 163 

Account current under Contract 7th of November, 

1811, and 25Th of February, 1813, 166 

Letter on claims in equity, and amounts suspended in 

former settlement, 170 

Supplementary account and claims in equity, 175 

Letter of appeal, conclusion, 174 



I 



AlPI?I^]i?T2)It^o 



Reply of the late Contractor to the remarks of the Third 
,iuditor, on the Claims set forth in the Sujiplementuri/ 
Account now before the Second ^'oniptroUer, under Con- 
tract "Zdth February, 1813, expiring 1st June, 1814-. 

CLAIM I. 

Cask and Packages 25,097 80. Less amount received back 
for issue, S 14,175 90. Balance, 810,921 90. 

The pi'pseut claim for packages was made with the one 
under contract 7th November, 18H. in 18l5. (See printed 
Document,- 20, 21, and 138 to 149.) Amount, page I67, 
S 13,972 30. This was suspended in the account of dif- 
ferences. Tlie rejection of tiie claim under contract 25th 
February, 1813, is in the following words: 

''I have considered Mr. Anderson's claim, and cannot 
assent to its being allowed; he will, if he thinks himself 
aggrieved, take the redress, of an appeal." 8th July, 1815. 
(Signed) A. J. Dallas. 

The appeal vras to be made, in the first instance, by Mr. 
Dallas' request, and consent of Mr. Anderson's agent, to 
the decision of the Attorney General; measures were taken, 
and the case was to be laid before him. But Mr. Dallas 
departed from the agreement, -and placed this veto on the 
files, leaving it still open, as the President should direct, 
for the Attorney General's, or the Comptroller's final decision. 
It uoAV divides itself into two questions. 1st. Shall the al- 
lowance be made to Mr. Anderson for the sum of 8 13,972 
.30 cents, under the head of allowances for extra services, 
and under the peculiar exigencies of the times when he made 
these deposites? See requisition, Feb. 25, 1812, and page 
31, and the case, page 54, 145. 

2d. Shall the cask claim be allowed on its own tperit*. 
and as justly due to Mr. Andn-son, as a reasonable indem- 



tiity lor property withheld from him for the purposes and use 
of Government? 

This rule would be in accordance with the practice and 
usage of merchants, and founded on principles of justice 
and equity; for all writers on natural and civil law express- 
ly say, if A. retains the property of B. that can be ascer- 
tained by number, weight, or measure, A. is bound to return 
the same, or give the party B. indemnification. As to the 
practice among merchants, if A. goes to B's store, or mill, 
purchases 100 pounds of flour, and takes B's sack or bar- 
rel to carry away the flour, he is bound to return it, or pay 
its value. So, in case of importation, or puixhase of goods, 
in our own country, where the article is purchased by weight 
or measure, the vessel, or package to contain it, is a separate 
charge. 

It has been said the United States have not been in the 
practice of paying for packages, containing rations; no, not 
if they purchase beef or flour by the barrel, as is now done 
by the navy and army, because the proposal and contracts 
are made /or* the barrel, including its usual contents; in this 
case, they pay for the contents, in an enhanced price, to 
compensate for the vessel. The practice of Government, 
as long as I have been a contractor, since 1808, has been to 
pay for the package in a separate charge, whenever the 
officer applying for provision required and receipted for the 
package. This principle is applied and fixed in numerous 
cases in my own accounts, and believed to be the case in 
other Contractor's accounts. Thus it has been acceded to 
by repeated acts of the Government, under the same forms 
of contracts, and if the United States intended otherwise, 
or a difl'erent rule, when it became necessary, from the exi- 
gencies of war, to retain a large amount of packages, they 
surely would have stipulated that the rations sliould be 
delivered with the vessel or package. The Contractor and 
present claimant, made his proposal and contract with a 
perfect knowledge of his previous rights, and the usage in 
existence. The United States received an equivalent in 
the price of tlie ration, with this understanding and conside- 
ration, that the vessel was tlve Contractors' after being emp- 
tied of its contents. And,, after they have reaped the advan 



tage, it would be manifestly unjust not to pay the injured 
party a reasonable value for the packages retained. 



CLAIM II. 

Damageson two bills exchange, protested: 

One for 8 150,000 } „ -„„ „„,, , , „ , - _,, ,,,._. 

I) ''0 000 C S*"0,000 at 10 per ct. 8 20,000. 

The late ]\Ir. Piatt Avas allowed by the Accountant's De- 
partment, in 1816, to per cent, on his bills for 210,000 dol- 
lars, <lrawn for money as advances due by the Government, 
31,000 dollars, as a reasonable allowance for the damages 
on his bills being protested. See printed Document, ISO, 
131, 123, & 125. " The fact of a bill being protested, is al- 
ways considered as of an equivalent damage to the holder, 
to the amount allowed." It is, in fact, an allowance on its 
own merits, and is considered as an equivalent for the in- 
jury done to the credit and character of the party drawing, 
and who liad a right to draw. The right of draw ing bills 
is established on three principles, i st. Ey virtue of a pre- 
vious understanding by way of an advance. 2d. After in- 
voices or bills of lading are received. 3d. After funds or 
goods are in hands. The United States, by usage, agree to 
pay A. in advance, he having given security for the perform- 
ance of his engagements, it is his right, because he has 
given a consideration for the capital to be furnished him in 
advance, by security and by the lowness of his bid at the 
time of making the contract. If the contractor A. delays the 
])eriod of drawing his bill until the (rovernment are furnish- 
ed with the invoice or bills of lading, the United States gain 
the interest, and have additional se«urity; they surely are 
doubly bound to pay the drafts. If the contractor A. has 
not only given his invoices, but actually deposited the goods, 
with all the vouchers, the United States are triply secured, 
and the obligation to pay his drafts is as three to one. The 
right to draw is paramount and exists with all its force, 
before the right to receive, an invoice, examine the goods, 
or test the accuracy of the documents^ after delivery. My 



4 

light to draw was unquestionable, my security was on file, 
duly approved, of six respectable and wealthy citizens, 
jonied in tlie bonds for 100,000 dollars. Services performed 
and acouuts rendered before drawing for S63,000 dollars, 
making 363,000 dollars; and yet my drafts for 300,000 dol- 
lars were protested, although presented eight months after 
my right to draw, and five mouths after the equivalents had 
been renderetl and received by the authority of Government. 
The damages I received for the Avant of these funds, will 
be seen by reference to m,> letters, page lOl, 103, 103, 104, 
105, 106, and 107. In the great necessities and calls of 
Government, preparatory to a state of war, see letter of the 
Hon. W. Eustis, Secretary of War, page 31, when my 
l)onds were only 20,000 dollars, yet I am permitted and 
directed to "draw as I make my purchases." The last 
sentence and words in ray expose to supply the Government 
pi-evious to the contracts being signed, see page 80, contains 
this express stipulation: " Correct informaiion as to the 
required supplies for the next campaign, and funds to obtain 
the means of its execution as early as possible." To show 
you the advantage the Government reaped by the delay of 
payment, and failure of these reasonable expectations, held 
out to me when the contract was made, I will barely refer 
you to the note, page IO7. The Thu-d Auditor, however, 
has admitted the generality of the decision of the Secretary 
of V^ ar, of 37th January, 1816; it is for you, sir, to apply 
the soundness of its principles. But, sir, my claim is at- 
tempted to be defeated, by saying 1 am not a Contractor for 
1814, and, therefore, do not come under the provision. My 
contract is dated in 1813, and expired in June, 1814, yet 
I am not a Contractor for 1814! I Surely the Third Auditor 
is not serious, after admitting the generality of the decision, 
to place me beyond the pale of its provisions! The extreme 
weakness of the plea, bad it been made in our inferior coui'ts, 
by the most petty barrister at such court, I should presume, 
would cause him to blush for such a subterfuge and weakness 
before he retired from the bar. 

The letter of advice had preceded the drafts, the Account- 
ant's Department had acknowledged the receipt of all my 
accounts, (see original letters herewitli,) and the Superintend- 



ent General of Public Supplies advised me ou the 14tU Oc- 
tober, 1814, (see page 100,) thirteen days heluremy drafts, 
that " my accounts of deposites had I)een received and exam- 
ined, and the persons with whom the depositcs were made 
were held accountable for the same." Tlie depiisites, as 
remainini; on hand, 1st of June, it is believed, exceeded 
200,000 dollars, and witli this aclvnovvledguient that all my 
vouchers had been received, the di'posite accounts exceeding 
800,000 dollars, as actually ou hand, 1st of June, adjusted 
to my credit, and otiier agents charged with tlie amount, to 
say I was not authorized to draw, is as strange as ridiculous. 
W hat would you think, sir, if A, with a right to draw on B, 
in advance, should decline drawing until after the invoices 
and bills of lading were received, the goods in store, and 
actually transferred to tlie debit of a third person, and yet 
his bills be dishonored and protested ? 

The decision of the Honorable Secretary Crawford is not 
only general, but embraced the two years when the Govern- 
ment was unable to meet ils pecuniary engagements. It 
would have been preposterous to have included other years 
in this provision, because, at all other periods, the United 
States liad it in their power lo fulfil every engagement. If 
any distinction is to be made it will easily be seen it is in fa- 
vor of contracts made and dated in 18t3, although expiring 
in 1814. In 1813 the Government paid in specie, and the 
price of provisions were at the par of specie; in 1814 tlie 
Government paid in paper, and the price of provisions rose 
to the par of paper. The contracts dated in 18 1 3 required 
the peculiar protection of Government, more than those dat- 
ed in 1814. Every person conversant with the times and 
state of the currency, ^y\\\ attest to the correctness of this po- 
sition, and its uncpiestionable justice and equity. But again, 
if my duties expired on 1st of June, 1814, or had the con- 
tract expired 31st December, 1813, the Government still 
had obligations to perfirm to a completion of this contract, 
until all demands, growing out of their default, were satisfi- 
ed and paid. 



CLAIM III. 

Cluiinfor interest, far not receiving the usual advances, founded on 
iisuge; the amount estimnted by tlie number to he supplied, and the 
aggregate of the preceding quarter, the minimum estimate is taken 
at b 250,o6o,/rom }st oj' March, 1813, <o 1st of June, 1814, three 
mouths, at six per cent. ... §3,750 

From 1 st of June, when all services had been performed, ami 
the provision delivered to the United States, to the \st J\'o- 
vember, on S 250,000 - . - - 6,250 

10,000 

Interest on same, from 1st JW'. 1814, at which time my bills 
were protested for Si 50,000 <J- 50,000, and my accounts fil- 
ed for S-263/)00, to the time the official balance was declared 5,625 

In every contract between individuals and Governmenl, 
the individual is induced to oifer a lower l)id, wiienevcr Go- 
vernment, by any stipulation or usage, presents to the Con- 
tractor a reasonable prospect of advantage, such, for instance, 
as the capital or funds in advance of the required expendi- 
ture for three prospective months. And if subsequent events 
turn out to defeat the expectation of the Contractor, by defer- 
ring the payment of advances, or, when paid, by paying in 
depreciated paper, contrary to the expectation of the parties 
when the contract was made, it would be oppressive and 
unjust to deprive him of an equivalent indemnification, and 
for advances which had already accrued and been reaped by 
the Government, in the low price of tlic contract 

It is said the only true rule of interpretation of contracts 
with Government is to place them in analogy with individual 
cases; it cannot be doubted for a moment, that any court tak- 
ing cognizance of similar cases between man and man would 
hesitate to grant relief, to tlie just expectation of thej injuretl 
party. In the contracts referred to in 1813 and 1814, ad- 
vances were to l)e made, and the usage of the Department 
always held out those advantages to the Contractor through- 
out the %> hole of the term contracted for. In the long expe- 
rience I have had with Government contracts, I know of no 
exception to this general rule. The exception of the last 
quarter* as relied on by the Third Auditor, would be repug- 

* About the time the balance was ascertained to be due the present 
claimant, Maich, 1815, the late W. D. Cheever, successor to E. An- 
ilcrson, received aa advance on his last quarter of 8500,000! ! Yet 



uant to the spirit and meaning of the contracts, for it express- 
ly says, if, on the settlement of the accounts any balance is 
found due the United States. '• all such advances of mo- 
ney shall be a setoff against the account of siipplies,'' &c. 
and tlie surplus, it any, paid to the United States immedi- 
ately after the expiration of the contract, with interest at tlse 
rate of six per cent, per ann. until the same shall actually be 
repaid. If advances were not made on the last quarter. I will 
dmply recpiire, bow the Contractor could be inilehteti to ihe 
United States, the surplus, if any, was nnmediately to be 
paid on the expiration of the contract — th.ere could be no 
iurplus except on account of advances. 
i This rule of interest will apply to the United States as 
veil as to the Contractor. '1 lie debtor, on the expiration of 
he contract was to pay interest, and the interest from the 1st 
f June, until paid, cannot be denied me by any principle of 
iciprocity and justice. Tlie digiuty of the United States 
id not require a stipulation to pay advances or intovost, it 
as considered they were always ready to pay; but sul>se- 
lent events, and derangement of the fiscal operations of tl-.e 
overnraent deprived them of fulfilling their part of the con- 
|act. ( ee my letter, page 101, 108.) 
In the supplies required during the late war, m iihin tlic 
ite of New York, tlie last quarter was of the greatest im- 
irtance to the country, and the successful operations of the 
ixt campaign, because large deposites, exclusive of thecnr- 
it and general issue, were required to be left on hand to 
issued by a new Contractor or Commissariat. (See letter 
my successor, page i)9, and 20th October, 1814, page 10;i. 
the iGtli of May, 1814, orders were given for the Com- 
nding Officer to receive all the deposites on han<I on the 
It of June following, which would constitute the Contrac- 
I's vouchers. (See page 97,. 98.) This was done, and the 
lichers furnished and tiled in the Accountant's Deparinicnt 
last as the mail brought them from the frontiers to the Con- 
iit mtor's oflRce in New York; and it was the balance of these 
[nljosites that was furnished on the 19th Octol>er, 1814, 
ch constituted only 89,000 dollars of the 263,004 33.— 
a letter Oct. i5 1814, page 103.) The residue had been 

te<*B.scertained and official balance due nie, could not be paid for ths 
of funds, as alleged. 



8 

previously fuinisljcd, as will appear fsilly by reference to the 
tiles of tlie War Office and Accountant's Department. (See 
page 100.) For luy practice wasuiiifornily to send triplicate 
condensed statements of my accounts, to tiie War Depart- 
ment, Snperiuteudciit (xcneral's Departflient, and Account- 
ant's Department, and constantly urging antl requesting the 
settlement of my accounts. (See letters, pages iS, 54, 98.) 

And here let me I>e permitted to state that the delay in the 
settlement of my accounts — for you wiil fni J, page 108, tliuti 
my accounts of contract 7th Noveuihcr, 1811, uere not set- 
tled or reported on until 10th Marcii, 1815 — was not oiilyi 
the loss of interest to me, and the deprivation of investing thej 
earning of my contracts, but tl'.at this delay lost me the most pro 
pitious period of my life, which, under other circumstances- 
might have gained me honors in a department which my conn 
try and the fiixecutive considered my qualifications worth; 
of sustaining. (Sec letter, page 57-) Can any person think . 
would have declined thisdistinguisiied station, if my accountf 
had not been lumging up in thi- Accountant's DepartmenlJ 
for the term of two past years, and under two contracts; fcf 
bud I accepted the offer it would have involved me in tfalj 
complexed situation of compound and voluminous account 
tliat. in all probability, might have destroyed my peace, at 
in case of accident to the War Office, ruined my family aii 
friends 

1 ask your consideration for this digression, but really 
hear the Third Auditiu' speak of delay in the settling ray al 
counts, as a matter of every day's occurrence, is strange, i\ 
though he candidly admits they were regularly furnished ll 
stated periods, theij icere in most cases fmniished every mou 
instead of every quarter, yet I am to sutler for thedef:iult| 
the tenth article of my contract, which says, no officer of I 
United States shall impede the settlement of my accoucl 
But 1 was oficn told tlie reason of this delay; and the Th)J 
Auditor, then chief clerk of the Accountant's Departmel 
may remember the semi official excuse, other ContractCm * 
accounts are more urgent than yours; we btlieve you tor 
correct and solvent, and the balance in your favor, but I 
have others who are doubtful in d.rcumstances and secml 
and whom ire have reason to believe have more advanceij 
them than they can of set by supplies furnished. This' 



guagc, in substance, was creditable to tbe parties who so nar- 
rowly watched tlie iuterests of tiie United States, though, it 
jaust be confessed, a little at my expense and damage, and 
opposed to the express stipulation of my contract. (See opin- 
ion on this case, and reply on former case of interest, pages 
126, 127.) 



CLAIM IV. 

To discount on 56,700 dollars, received in Treasury Mtes, ZStli 
August, 1815, in lieu of specie, per cerlijlcate of Messrs. Prime, 
Ward, and Sands, at 11 per cent, is - - G.SSr 00 

To discount on S 188,632 91, received in Treasury 
JNVei, Jan. 11, 18i6, at gS 47, is - - 15,977 20 

222,214 20 



The Third Auditor says the assurance and decision of 
the Secretary, dated 1 1th July, ISI.'J, page 120, which, it is 
believed, gave to another claimant, James Byers, Contrac- 
tor for Massachusetts, nearly 30,000 dollars for receiving 
Treasury notes in lieu of specie, was on the ground of his 
contract being iu a particular part of the United States, 
where provision could not be purchased without specie. The 
above assurance was given January, 1815, his contract com- 
menced previously, viz. 1st of June, 1814. 

To this it will only be necessary to remark, that the con- 
tracts of 1813, '14, were made under a specie currency, 
and the price correspondingly low. The Contractors for 
this period (exclusive of the principles of the constitution, 
which is paramount to any assurance) were, therefore, not 
only entitled to specie payment on the principle of priority, 
but on grounds of manifest equity, for they gave the equiva- 
lent in the price of the contract. In the early part of 1814, 
and, it is believed, before Mr. Byers commenced his con- 
tract, the first symptoms of depreciation and embarrass- 
ment in the fiscal concerns of Government were exhibited, 
and they were obliged to resort to an issue of paper in the 
shape of stock and Treasury notes. This circumstance, and 
the fact, that excessive issues of bank paper in the middle 

2 



10 

states, began sensibly to raise the price of provision, and 
everj article of necessity bore a liigb price in proportion to 
the withdrawal of all specie to the eastern banks. Hence, 
a V ontractor, in 18 14, bid in proportion to the price of pro- 
vision in the middle states, for, after all, these were the mar- 
kets thai supplied the provision for the east. This will, at 
once, account for the gradual rise of the contracts to meet 
the apparent scarcity of specie, and the real aud actual de- 
precialioi of the superincumbent paper. 

Need I appeal to the most ordinary understanding, wlie- 
tlier tiie Contractor of 1813 '14 did not require the protec- 
tiitn of Govei'ument still more than the Contractor of 1814 
'ifi? And, again, the precious metals were as high at !New 
York as at Boston, except the mere dilFerence of removal, 
which, p.obabiy, n;ver exceeded a half per cent. 

The " peculiar state of the troops" of the state of New 
York, with a vindictive foe constantly menacing her south- 
ern and northern frontier, " made it indispensable to sup- 
ply them: and, as Government could not furnish paper that 
circulated it [jar, in that quarter, you ought to be indemni- 
fied against the depreciation " The remainder of this ex- 
cellent letter is still stronger as it concludes; is general in 
priu(-iple; and will apply, word for word, to the present 
claii.mnt's case. >^ee page 120. 

But i iiave been told, I lack '•' assurances," and, consent- 
ing to receive Treasury notes long after the balance had been 
declared due, precludes me, and fixes the inadmissibility 
of this claim. Hir, i feel my Government innilted, if this is 
meant as an assertion of a principle, or a rule of proceeding, 
if th? fact stated by the Third Auditor be even ti-ue. Be- 
cause you did not repair to AYashington during '"'critical 
periods" of pending military operations, and alarm the 
Government by threatening to abandon your contract, and 
obtain " assurance" that you would be paid in paper, equal 
to s|)ecie, you are estopped from this claim! Because, after 
a long period of delay, you received Treasury notes when 
we had nothing better to offer; therefore, you are debarred 
from the after decisions of the Department! Page 120. 

The Third Auditor lias too much discernment to plead a 
stop law, or act of limitation, because he must know it would 



11 

be derogatory to the honor and dignity of Government, and 
opposed to the principles of the constitution; and, knowing 
l)y his own sense of private rectitude, that conscientious in- 
dividuals never resort to such unworthy excuses, liut, it is 
to he regretted, that he has, on many occasions, endeavored 
to impress it on the minds of the appellate tribunal, " this 
item or claim was not before made.^' 

Wiien 1 took what the Government had in their power to 
give, it was in part, and not because my right to future in- 
demnification was surrendered, or waived. The official cor- 
respondence will show the reverse of such surrender. I had 
the constitution as ray protector, and I believed, and still 
believe, the Government will apply every principle of justice 
and equity to all claimants. 

At the time my accounts were settled, in part, the United 
States were, as now, a sovereign power, and could not be 
sued, or impleaded before our courts, as a debtor; I patiently 
awaited the period when her intelligent statesmen would 
a[)ply relief. Subsequent to the payment of the then ascer- 
tained balance, and only by accident, have I become ac- 
quainted with the fact of the existence of the general prin- 
ciple, of Secretary Monroe's letter of 11th January, 1815, 
and Secretary Crawford's general decision of 27th January, 
I8l6 These enlightened Statesmen, seeing the justice and 
equity of these claims, have admitted the principles. I ask 
the application in as strong a case as can possibly exist. 

In September last, when the claim of interest on the as- 
certained balance was under discussion (wliich claim is now 
fully admitted as legitimate in his last report) the 3d Auditor 
appears to have anticipated this claim for loss on Treasury 
notes, and sets forth, that, when the first sura of 56,700 
dollars was paid, Treasury notes were believed to be above 
par. and when the last balance of 188,000 dollars was 
paid, " Treasury notes were likewise three to four per cent, 
above par." See page 23. If he stated this, then, as a ftict, 
it would only be necessary to confirm it, and the Honorable 
Secretary Crawford's principle of repaying the preraium 
will apply. But the certificate of Messrs. Prime, Ward, 
and Sands, and Nevins and Townseud, (the very best evi- 
dence the case will admit of) of the actual value and sales 



12 

of Treasury notes at the time of payment, has closed the 
door to this allegation. The sale, by the parties, of Treas- 
ury notes, is not so good and substantial evidence, because 
liable to corrupt or interested motives, as the records of the 
books of Messrs. Prime, Ward, and Sands, or other re- 
spectable brokers. 

Let us see if I haye not, at the very threshold of my cor- 
respondence with the Secretary of the Treasury, and Act- 
ing Secretary of War, reserved all my rights, the Third 
Auditor's declaration to the contrary, notwithstanding, "i he 
conclusion of my letter of 30th March, 1815, page i()9, his 
the following declaration, never retracted or withdrawn. 
" As a public creditor, who is conscious of having ' rendered 
some service to the state,' 1 shall never consent, nor do I 
think you wish it, to have my claims placed in adjustment 
on terms different from the most fiivored." 

My letter of 12th April, 1815, page 110, says, <'But in 
receiving Treasury notes in payment, it is not to be under- 
stood that I am debarred from a just and equitable claim for 
interest that has accrued for advances made to Government 
for the subsistence of the army of the United States;" and all 
the correspondence, including the letters of l6th May, 1&15, 
and 22d August, speak only of one kind of Treasury notes, 
viz. of the emission under the 8th section of the law of 24th 
February, bearing interest and fundable at seven per cent. 
To the best of my recollection I never received a dollar from 
the United States in Treasury notes fundable at seven per 
cent, and I presume the records ol the Treasury will fully 
establish that fact. 

Had I made the offer in May, 1815, it will appear by 
Mr. Dallas' memorandum, of June 5, and letter of June 20, 
and 23d August, the pa> ment was declined for want of ap- 
propriation. Could I be bound by an offer alleged to be 
made in May, 1815, by payment in January, 1816? 

The Third Auditor has spread the fact on record, that I 
offered in May, 1815, to receive 6 per cent, stock at 95 of 
del)t for 100 of stock; he should state the whole truth; the 
offer was made to me by the Hon. Secretary Dallas, the au- 
thorized organ of Government, that he was ready to receive 
offers on those terms for the debt due me, 182,000 dollars. 



13 

(See liis letter of 8th April, and my closing with the offer 
i5th May, 1815.) Perhaps it would be more to the credit 
and honor of the United states, had this fact been buried in 
oblivion; but as the "Ihird Auditor pleads the offer against 
me, and if tlie i)lighted faith of the minister was now to be 
redeemed by the nation, the stock sliould he given to me 
now, the interest to follow the day of consummation, 15th 
May, 1815, and this would preclude all demands of interest 
on delayed payment, and loss on depreciated Treasury notes. 

CLAIM V. 

Jinonnt charged Jdt transportation of Jlour avd whiskey over land 
from PliUudelphia, BaUimure, andJitxandriu, to JVciv Fork, dur- 
ing the blockade of the coast by the British, in 1813, 7,939 00 
Less usual freight by water, 1,990 00 

g 5,949 00 



No stipulation of the contract provides for this payment, 
but it was expressly understood by the parties, that the con- 
tractor must resort to those markets for bread stuffs and li- 
quor, the noitheru parts of the United States not furnishing 
an adequate supply: such a provision is thus provided for in 
his bid, (see letter of zSih Dec. 1813, p. 74, and Gth Jan- 
uary, 1813, p. 78;) they constituting the understanding of 
the parties at tlie time, and after the purchase was made, 
notice was given, (page 136.) and advice asked, if insurance 
should be made against capture, the answer was contained 
in letter of 13th Fcbiuary, ])agc 137, (sec the case, page 133, 
and opinion, p. 134, 135, 138.) The articles were ordered 
to be shipped in small parcels, see my letter, Feb. 18, page 
137, and this very order deprived the factors of the oppor- 
tunity to ship, because vessels could not be procured to take 
in part of freight, and had 1 procured vessels to take the 
whole, it would have been decidedly opposed to the order, 
and they would have been inevitably captured. 

The land carriage was therefore incurred. The differ- 
ence of the land carriage, and that by water, is asked from 
the equity of the United States: it was incurred for their 



14 



benftfitj and the act of government in refusing privilege to 
charter vessels for a whole cirgo, necessarily precluded the 
supply by the ordinary diannels. 



CLAIM VI. 

To Balance due on the interference of Gen. Hampton, during the 
summer oj \S\ 3, paid in part by the United States in former 
settlement. - - - - - 84,500 00 

The rule as stated for adjustment of this violation of 
my contract, was adopted l>y the Government; that is, by 
the actual return of the force from the Adjutant General's 
oiBce, and to allow the per centage and issue. This, al- 
though I was ready to go into the proof that the damages ex- 
ceeded S20,000, excluded the necessity of proof; but instead 
of adhering to the principle after it had been acceded to by 
both parties, they, by virtue of their sovereign will and pow- 
er, gave me 12i per cent, leaving the one cent per ration 
suspended. It will be remembered, this usurpation on the 
part of Gen. Hampton, considering the time of year, during 
its existence, which was the only period calculated to pro- 
vide meat, and manufacture flour; and when the supply was 
resumed, the roads and state of the mills on that frontier, 
greatly embarrassed the contractor. But the truth is, my 
credit and reputation were greatly injured in the eyes of 
those ignorant of the military usurpation on the part of Gen. 
Hampton and tlie temporary distress and deficiency at 
French Mills, and the deranged state of the commissai'iat, 
were attributed to me, when, in fact, I was removed from 
all responsibility. 

My agents were ready to issue, and myself on the ground 
in September, a drove of cattle were prepared, and large 
tlainages paid to butchers, and others were actually incur- 
red in the contemplated issue. As the Government fixed the 
principle of 12i per cent, and one cent per ration, I claim 
what was acceded to as the measure of damages, and ask 
the balance suspended. 84,500. See page 50, 51, 52, 53, 
and riG. 



I 



15 
CLAIM VII. 

To Jive hundred and Jive Betf Hides, captured and destroyed on the 
JViagara frontier, in November and December, 1813, as suspend- 
ed in former account in 181 5, - - . - girso 00 

This claim for captui-ed properly, like that of captured 
casks and packages, containing provision, is nit "only pro- 
vided for by the sixtli article of the contract, which says, 
" all articles necessarily nsed in transporting provision," 
&c. The tallow is paid for either in the live or dead ani- 
mal, because that is " a part of the ration," or intended to 
be made into soap or candles. A boat, vessel, wagon, 
horse or ox, is to be paid for by appraisiil, if carrying the 
ration, and used as the means of transporting. jSow, I will 

. ask, when the commanding oificers require fresh beef, if the 
hide is not necessarily used " in transportuig the beeves?" 
Does the Third Auditor mean to say, the bullock shall 
be stripped of its hide first, and then marched to the fron- 
tier to be slaugiitered? It i'^ not necessary, surely, to 
say one word more as to tins claim being strictly under the 
sixth article, and for articles necessarily used in transport- 
ing the meat ration? 

i But what says the Third Auditor to the claim under that 
extensive and general article of my contract, that provides 
for this among other casualties in the " increased expense 
of issue in the enemy's country:" If 1 lose my htn-se by bad 
roads, or capture in the enemy's country, am I not to be 
paid for my horse? The capture of the hides is among the 
contingencies, and the increased expense of issue in the ene- 
my's country: the Third Auditor is silent on this point. 
But in this case, I suppose he would call upon me to show 
that the eastern side of the Niagara frontier, where the cap- 
ture and destruction took place, was in the enemy's country. 
' Need I state, sir, that the occupation of territory by sudden 
irruption, or permanent conquest, politically, and according 
to the laws of war, make it the enemy's country, so long as 
the invaders possess the ability to maintain it ? If the beeves 
had been on foot at the time of capture, the whole would have 
been undoubtedly paid for. 



16 
CLAIM VII r. 

To 12' per cent, allowance for Leakageand n'aslngcon the issue of 
tliehutionsinthe descent of the St. Lawrence, in 1813, undone 
cent per ration, as provided for by the contract, Z5th Feb, 1813, 

85749 06 

" If, therefore, these provisions were taken from Jeposites 
previous to the issue, the contractor has already been allowed 
the 12a per cent, and one cent per ration, for issue; and if 
not, he is not entitled to any per centage or allowance for 
issue." 

This may be good logic, viewed through the medium of 
the Tliird Auditor's comprehensive mind. But before he 
assumes the fact, he should establish it. That the provi- 
sion came from the United States' depositts that had been 
charged to me, with the allowance of the 13^ per cent, and 
one cent per ration, at the time of receiving, he has not shoAvn 
this fact, although it cannot be forgotten, that in a plea 
against my claim, for casks captured and destroyed, contain- 
ing the gross amount of" those provisions on this very expe- 
dition, he charges me as a set off to this loss, that I actually 
had received the 13^ per cent, on the gross amount of the 
provision put on board the boats, amounting to g — , but 
likewise on the nett amount after the expedition had termin- 
ated, $5,749 06. Page 152. 

At the conclusion of his remarks on this claim now before 
us, he corrects liis former error so far, as to say, the whole 
of the provision was passed over to the charge of the Quar- 
ter Master General, making him accountable for the loss; 
and the nett amount does not appear in the accounts as de- 
posite; of course, the i3A per cent, and one cent for issue, was 
not charged by me in former accounts, although my agent, 
as the Third Auditor now admits, accompanied the expedi- 
tion, and issued the same. See letter after my accounts had 
been furnished, p. 104, Oct. 17, 1*^14. 

To illustrate the case, I will barely state, that the provi- 
sion might, in part, have been the deposites alluded to by 
the Third Auditor, and charged to the contractor in " mass," 
or "bulk," at other and distant places of original deposites. 
At Sackett's Haihor there never was a public deposite, un- 
td five months after the expedition sailed, although a depo- 



17 

site had been ordered at that place as early as December, 
It 13, and February, 1813. See page 33. In February, 
1813, the plan of the campaign was changed from Lake 
Chaniph\in to Siickett's Harbor on Lake Ontario; hence, as 
fast as the contracturciuld collect his stores atUie latter place, 
and before they could be deposited, (to the loss of his 12] 
per cent, and one cent per ration.) they were daily consumed, 
hee letters, April 31, 26, 38, 181?, page 37, 38, 39. A de- 
posite was not made, as no intermediate agent was appoint- 
ed to receive them, nor store houses provided; hence, all the 
deposites on that lake, and the daily purchases, Avere thrown 
in the contractor's store, and were consumed, to an extent 
to cover all that was formerly the United tales', as weli as 
the deposites of the contractor. Hence, when the expedi- 
tion sailed, in October 1813, the provisions were triil§ the 
contractor's. 

The amount ordeted. fo%thiifflc-peditiou was placed on 
board 30 or 40 boats, and could it be otherwise than that 
p the Quartermaster should receipt for them and be responsi- 
> ,ble against loss? The provisioi^ctually issued was ascer- 
tained in the progress of the Sxp^ditinn. The Contractor 
was then employed in that issue, his principal agent, Mr. 
Thorne, and four assistants followed the expedition, and is- 
sued what is now charged. This receiving and delivering 
was strictly in accordance with the understanding at the time 
of making the contract. (See expose, 6th January, 1813, 
page 80.) 

Hence, the Contractor earned the per centage of issue, be- 
cause it was deposited on board of boats, receipted for, and 
actually issued. 

When he first presented his accounts, in 1814, not know- 
ing how to make this charge, he only made it a contingent 
charge " for issue in the enemy's country, as stated, in the 

descent of the St. Lawrence, dollars." This was 

suspended in the account of differences, and the remark made 
that it would be taken into consideration in the per centage 
on deposlte. As this was a deposite in fact, but does not 
appear in the accounts, it will necessarily follow that 1 am 
entitled to the credit of this per centage. and issue, more es- 
pecially as it was an actual expense bv my asents attending 



18 

flic service, aiul williiii the terms and meaning of my con- 
tract " allowins; the :i;igmeiited price of the ration." 

I am now about to take leave of the Third Auditor, and 
have. 1 think, refuted his objections, and successfiUy replied 
to alt his remarks. Candor induces me to say the Third 
Auditor has gone into the examination of the supplementary 
accounts and claims, as reported to you on the 34th instant, 
with feelings and views less hostile to my rights and claims 
than on a former occasion, and with an understanding more 
likely to elicit trutli than might have been expected from the 
hasty and irrelevant matter unfortunately contained in his 
former report, as made on my claims in September last. 

In the present report, although we may materially diflTer 
as to the application of principles that governed the decision, 
as m:ufe in fa^or of other claimants, yet all must agree that the 
principles of equity and justice cannot b*e Confined to dates ori 
individual case.s; they aj'^"^ bmad ^s Ithe earth, and as ex- 
tensive as the Heavens. It is m vain to attempt to confine 
them to time or space. 

1 cannot close this subjed without remarking that all the 
facts of service and equi)preiBt are admitted, or not denied,, 
and my vouchers correct and valid, with the only exceptioni 
of the small claim of 114- and 136 dollars, in account furnish- ( 
ed ui August last: and those, in the opinion of the Miird 
Auditor, suspended for further explanation. My claims, 
thus admitted as genuine and trup, but "not admissible un- 
der the regulation of hi* Department," it only remains forii 
me to request the examination of the case by the Hon. Secre- 
tary of War, and ask his decision on the claims in equity; 
and of you to enforce the law, and apply the decisions of tbej 
Department that have governed in other cases. 
With considerations of high respect, 

I remain your obedient servant, 

ELBERT ANDERSON, 

LaU Contractor. 
Washington, June SO, 1824. 

Richard Cutts, Esq. 

Second Comptroller, Treasury Department. 



The following questions have been submitted to me for my 
opinion, by Elbert Jlnierson, Esq. late Army Contractor. 

1. Whether he is justly entitled to the customary damages 
on two bills drawn by him on tiie Sec retaiy of War, in Oct. 
1811, amounting to 2.W,000 dollars, and protested for non 
payment, inasmuch as his vouchers and account current had 
been previously furnished to the War Department, and he 
was entitled to draw ? 

2 V\'hether he be entitled to indemnity from '^'overument 
for loss on depreciated Treasury notes, which, when paid to 
liim, were S 23,114 below par value? 

In answer to the first question, am of opinion that Mr. 
And-Tson is denrly entitled to the customary allowance of 
damageg,acc()rding to the law merchant,j||^\vMtare p^k 
of tfie law of ^CT^and, upoiithe^e ')ills pl*I^t?d.^^T'"he un^fc 

has*' ^ttled it as a jiist^id TTfuTIabie pnnciile^tliat the ui-^ 
teresflBlf damages sluuilAJollow a protested bill." This 
was the observayKn. cod&^d in the report of the select 
committee on%Ii^Jiitt'l^p»is, and it was well founded in 
justice and in law,Mnd I carniot hesitate to believe that the 
Government of the United States will at once perceive, ac- 
knowledge, and admit the obligation of these rules and usages 
which are prescribed to individuals in their dealings with 
each other. 

In answer to the second question, I am of opinion that 
M''. Anderson is entitled to a fair and just indemnity against 
the depreciation of the notes in Avhich he was paid. The 
CTOvernment were bound to pay in specie. It is the principle 
of the Constitution that debts ar!> to be paid in gold and sil- 
vei", and if paper be substituted, it ought to be of equivalent 
value — nothing can be clearer or more persuasively just than 
this principle. If then, Mr. Anderson was paid in depreciat- 
ed paper, because the (Tovernment had not, at the time, any 
thing better to offer, they are i)ound, in conscience, to make 
good the difference between the current value of the "^IVea- 
sury notes, when paiil, and the par value. It would uot be 
in mv power to avail myself of better authority on this point 
than' the letter of Mr. Monroe, of the date of July 11. 18i.^, 



so 

in wliich the principle 1 have stated is clearly and forci- 
bly admitted. »' It seemed to be just (he observed) that as 
the Government could not furnish paper which circulated at 
p.ir, the party ought to be indemnified against the loss aris- 
ing from the depreciation." 



JVIeiO-Forfr, 2i June, 18M. 



/:\ME3 KENT. 






&1 



Judge Plait's Opinion on the Clnivis of Elbert Anderson. 

Mr. Anderson having submitted for my examin.-ition liis con 
tracts with the United States, bearing date the "rh day of No- 
vember, 1811, and tiie £3th day of February, 1813. with the ac- 
co u>)auyirig Jocuments and correspondence — I liave considered 
the ([ucstions which have arisen between iiini and tiie accounting 
otiicers of the Govei'ument : and applying the rules by wliicii jus- 
tice is administered, in tiie Courts of Law and Equity, my mind, 
has been led to the following conclusions, viz. 

First. The claim of Mi-, Amlersoii. for extra expense of 
transporting Hour and whiskey, over land, from l'hila<ielphiaj 
Baltimore, and Alexandria, to New-York, during the blockade 
of the coast in 1813. 

The conti-actor iiad an undoubted riglit to procure his supplies 
from those places : and he had an election to send tiiem by land, 
or by sea, at the riscjue of the United States, as to capture by the 
enemy. Two facts, are certain : 1st. Tiiat transportation by 
land was more expensive tiian by sen ; and 2d, tiiat tiie hazard 
of capture was imminent at sea, while tiiat i-isque was merely 
nominal by land- It is therefore apjiarent, tiiat tlie contractor 
voluntarily submitted to a certain and heavy additional expense ; 
w Iiercby he saved to the United States a sum equal to a premi- 
um of insurance against capture by sea, wiiicii probably cannot 
be estimated at less tiian fi\c times tiie amount now claimed by 
the contractoi'. Tiiat he acted prudently, and conferred a cer- 
tain benefit on tlie Government, in executing that part of his con- 
tract, cannot be doubted : and his claim for indemnity, that is 
for the diffeience between tiie exjiense of transportation by land, 
and by sea, ajipears to me to be within the equity of the stipula- 
tion, that the United States should bear tlie loss by capture. 

Second. The claim for a reasonable allowance for casks and 
boxes, containing the component jiarts of the rations. 

The contract is explicitly for rations, by weight and measure ; 
to be ••furnished" and "issued" by the Conti'actor : the casks 
and boxes were used for the convenience of the Contractor mere.- 
ly : tliey were not indispensable to the fulfilment of his con- 
tract; and the rations bdng issued, tlie c.isks and boxes were the 
property of the Contractor. Tiicy were mere vehicles of trans- 
portation, and belonged to the Contractor as much as the carts 
and oxen, or boats, used in carrying them. IT the contract had 
been for barrels of flour, beef, or pork, and hogsheads of whis- 
key, and boxes of soap and candles, the usage of trade would 
require a different construction. 

1 am therefore of opinion, that, for all such casks, vessels, or 



v^» 



-• • it 

tioxcs, detained oi' runvrriod b_v the Government, or its agfuts, 
'Ml'. Aiivlei-soii lias a just ami legal claim. 

Third. 'I'lic eL.iiii for casks and boxes, containing rations, 
and which were captui-ed or destroyed, ^r. 

That this claim is well f'oiiniled. under the 6tlt article of flie 
Contract otSSth February, 1813. seems to r.ic so plain as to tWW 
tlic ingenuity of a casuist to raise a doubt against it. Wci-e 
those casks and boxes •• necessarily used in traiisporling the ar. 
♦• tides iiitenticd to compose rations, to be issned under this cw~ 
"tract:" If so, the sliptilation is ex))ress. that they s[iall be 
paid for by the Guvernnient. at their appraised \aliie. 

Fourth. 'I'lie claim t'oi" damages in being compclicd to I'e- 
cei\e pi-ovisions of Aig'istiis Porter, &c. 

It is \ery evident, that the terms of the Contract did not re. 
^jiiire jMr. Anderson to accept those ]ii'ovisions : and that tfiey 
\\ere imjiosed on the Contractor against Ids \\ill, and contrary 
■to his iiitei-est. 'I'he United States gained by it, at his px])eiisc ; 
and I am nnalile to perceive any valid objection to tliis claim. 

Filth 'i'he claim for extra compensation for removing pro- 
visions, by orders of General Hall and General Dearborsi, re- 
spectixely. 

That the expense vvas greatly enhanced by those special oi-- 
dcrs. is cej'tain : and, it apjw'ai's to me, that this claim is well 
founded, on t!ie ciiiiity and sjiirit of tlic sti])ii!ation contained in 
the 3:1 article of tiic Contract of ?-5th February, 1813. But, 
sujiposiiig there had been no express convention foi- such a case ; 
I can ],erci'i;c no reasmi to doiiiit, the justice of the claim, on gcr 
neral and acknowledged jirinciples of equity. IIa>ing purchas- 
ed, and being in progress of transportation, under an order to 
tielivcr at a ci'rtaiii jiost, that ordei- vvas countermanded : and 
i\\^ Contractor was reipiired to deliver at anothej- post. Who 
could doubt as to tlie lule of justice, if such a case lia<l occun-ed 
between private individuals ? 

Sixth. The claim for tax imposed or. whiskey, after d.ite of 
tlie Contract. 

If tliis were a contingency dejseiiding on accident, or the act of 
St foreign Gnvenimeiit, it would have been among the hazards in- 
f iilent to the Contract. So, if the pontrai t for w hiskey had been 
between two jirivate individuals, both alike subject to" the sove- 
reign ]X)wer of laying laxe.s. Rut. where the contract is with 
the Government, on wiiose volition it depends, whether such tax 
shall be imposed or not ; good faith re(|uires. either that the Go- 
^crnment sliould abstain fj-om laying such tax, or that it 
should indemnify the Contractor 'for all damages sustain- 
ed liy reason of such ex past facto imposition. Suppose the con- 
tract price, and fair value of whiskey to be 25 cents per gallon.: 



&$ 






and then suppose tlic Government, wliirh eontrarted at that prica, 
should ini|iosf a (hity of 25 cents per gallon : and should still in- 
sist on the Culfiluient of the conteact. on the original terms : is il. 
possihle to doubt, tliat such coniluct would be an outrageous 
bi-earh o!" faith ? The present case diffrrs only in degree, and 
not iu principle. In tliis case, a tax of 14 cents per gallon was 
imposed ; w liich neressai'ily enhanced the j)cice of that article to 
an ecpial amount. And not only so, but. in effect, that amount 
\\as taken from the ])orket of Mr. Andeison, and placed in (he 
Treasury of the United States. What he pays extra, the otlicr 
contracting party receives- To refuse compensation for the ope- 
ration of tills tax upon the contract, would be as unjust, and as 
arbiti'ai-y, as to jjass a Isw that Mr. Anderson should be bou.nd 
to receive 14 cents per gallon less than the conti-act price. 

M}' rcsjioct for the Go\eriimcnt of my country will not permit 
nie (o doubt of the success of this a|)peal to its Justice. 

Seventh. The claim for interest on balances due (he Con- 
tractoi', and wbere payments were deferred. &c. and for damages 
on protested di-afts. 

The 9th arti( le of the Contract provides that Mr. Anderson 
•* shall render his accounts for settlement, at least once in everij 
three months." He had a right (o do so, as much oftener as he 
pleased. 

The 10th article expressly stipulates, "that if any balance 
" shall, on any settlement of (he accounts, be found to be due to 
*' him. the same shall immediatdy be paid. And that no unrea- 
" snnable or unnecessary dday. on tlie part of the oliicers of the, 
*• United States, siiall be given to the settlement of the ac- 
" counts," &r. 

There is no express stipulation tli.it the Government shotild 
make advances of money, before the settlement of accounts : bu^ 
the terms and scope of the 10th article plainly imply, that such 
prospective advances were contemplated by the parties ; and tin; 
nsage of the G)vernment justified sudi an expectation. 

The (piestiou on which the Justice of this claim depends, is, 
\Yhether the Go\ernment was in default ? If the balance in fa- 
vor of the Contractor was struck and iidmitted. and payment 
.still refused, it would seem to be an unquestionable dict<ate of 
Justice, that intei'est should be allowed from the date of such re- 
fusal. So, if there was any *' unreasonable or unnecessary de- 
lay," in settling his accounts, the Government would thenceforth 
be in default and ought to pay interest. The only use of an ex- 
press stipulation to \)Ay intei'est, in goxernmental contracts, is to 
setde the rate of compensation for the use of nioney and to de- 
.signate the time and place of payment. Ami where the Govern-, 



v/» 



' ^4 

yietii acknowledge a dclit, ami refuse to pay interest, for money 
\\illiliflil fi'oiii itscrediioi-, it is as absolute a breach of faith, as it 
would be to refuse interest on the National Funded Debt. In 
regard to the protested bills, where there was an acknowledged 
right to draw, 1 can see no reason why the Government should 
not repair the injury by the same rule, as is presci-ibed for a like 
injury between private individuals ; which allows not only a le- 
gal rate of interest, but such sum as will cover all ordinary 
damages, occasioned by disappointment, loss of credit, and con- 
sequcut embarrassment. It is commonly liquidated at 20 per 
cent. 

Eighth. The claim for loss on depreciated Treasury notes. 

That the true constrn<tion of the Contract is, that Govern, 
mcnt should pay in specie, or in something ciiuivalent, is too 
plain to be qucs^ioned. Has it done so ? Mo! Public exigen. 
cies compelled a departure from tiie terms of the Contract ; and 
the contractor was under a necessity of receiving Treasury 
notes, at par ; when, in ti-ulh. they were available to him at no 
more than 86 per cent, of par value. The public necessity is now 
removed, by an overflowing Treasury ; and tlie <[uestion of mo- 
rality, justice, and honor, now is, whether the Contractor shall 
in fact receive his stii)iilated reward, where he has been in no 
'lefault, and has faithfully perfornicd his contract ? or, shall he 
lose 14 ])er cent, of his pi-omised reward, because the Govern- 
ment was unable, at the time, to give him any thing better than 
Treasury notes ? It seeins to me, that, to doubt of the success 
of this claim, would bean alfront to the Government of the 
United States. 

Ninth. The claim for hides captured and destroyed on the 
Niagara frontier, in November, 1313. 

These were hi<les of cattle driven by the Contractor to that 
frontier, to supply fresh bocf rations. The 6th article of the 
contract stipulates that •' all losses sustained by the deprrda- 
" tions of an enemy, in articles intended to compose rations, <Vc. 
•* us well as in other properiij necessarily used for transporting 
*' the same," shall be paid for by the United States. 

Assuming that it was a reasonable and ]n-oper execution of the 
Contract, to drive the cattle alive to the station required ; the 
<|!icstion presented is, whether the skins were *• necessarily used 
in transporting the same ?" I see no groinid to contend, that 
the hides were not the ])roperty of the Contractor ; and, in cvei-y 
view, I amof opiniim that this claim is well founded. 

JONAS PLATT. 

Utica, 24th November, 1824. 



U.S. '^A)£^•^- cJ^A:*-. 

REPORT 



OF THE 



HON. JOHN C. CALHOUN. 

SECRETARY OF WAR, 

O.V THE CLAIMS OS- 

ELBERT ANDERSON, 

Late Armij Contractor ; 



A si) HI6 



NEW.YORK: 

ClAVTON * VAN NORDEV, PRINT£BS, &« TIKE STEEET 

1 ft<»!i 



REPORr. 



Department of War, l^th August, 1824. 

Sir, 
I have examined with as much care and attention, as my 
other engagements would permit, your claims under the con- 
tracts of the 7th November, 1811, and 25th February, 1813, 
and herewith make known to you my decision thereon. 

In order to be as brief as possible, I will refer to the claims 
as stated and numbered in the remarks of the third Auditor, 
without stating them at length. 

Number 2, under the contract of 7th November, 1811, and 
2 and 3, under that of 25th Februay, 1813, and one in the 
supplementary statement, all embrace the same general prin- 
ciple, and will be considered at the same time. The claims 
embraced in these numbers are for barrels, casks, &c. contain- 
ing provision placed in depot, for which you claim compensa- 
tion, and which has not been allowed by the accounting officers. 
This claim appears to me to be in its nature such as to be strict- 
ly embraced in the power of the accounting officers, and not 
referable to the decision of this department {a) ; but as the se- 
cond Comptroller has taken a very diflferent view of it, 1 have 
examined it with care, and am of the opinion, that there is no- 
thing in it that would authorize its admission. 

The order to deliver provisions in depot, seems necessarily 
to comprehend the barrels and casks, &c. in which they are 
contained ; and such, I understand, has been the construction 
under the old contract system, from its commencement to its 
termination in 1819 ; and which, at this late period, ought not 
to be changed, even if there were reasonable doubts, as there 
are not, as to its correctness. It is to be presumed, that the 
invariable construction of contracts, under a system so long in 
"iperatiou. would be known to the contractor as well as to the 



REPLY. 



(a) " This claim appears to me to be in its nature sucli as lo 
be strictly embraced in the power of the accounting officer, 
and not referable to the decision of this department." 

We should naturally presume, that, after this declaration, 
the honourable Secretary of War would have referred the 
case back to the Comptroller's department, from whence it 
came ; yet we find him acting in the case, and giving 
his opinion against the claim ; and this power is assumed 
in contradiction to legal advice, and the legal adviser of 
the President, I mean the Attorney General, who says to 
the President, in his letter of July 27, 1824, in reply 
to the President's call upon him for his opinion on this very 
case, as follows : — " that he (the President) had nothing to 



28 Report. 

government, and the acquiescence in it of both may be fairly 
presumed. Nor do I conceive the claim to be better support- 



ed by equity than law. (6) Under the contract of 1 81 1 , you 
were bound to issue provisions in the State of New-York to 
the troo])s, at 1 3i and 1 4 cents a ration, and under that of 1 8 1 3, 
to do the same, at 14 cents 8 mills, and 17 cents 5 mills per 
ration. It is manifest under these contracts, if the government 
had thought proper to give the order, you would have been 
compelled to perform the double dtdy of purchaser and com- 
missary of issue, without other compensation than that stipula- 
ted in ymir contracts for the price of the ration. The actual 
operation, however, under your contract, took a different di- 
rection, and one, it is considered, far more favourable to you. 
Instead of ordering you to issue the provisions without putting 
them in depot, as might have been done, you were directed to 



Reply. I'd 

do with llie settlement of public accounts, either in the form 
of direction to the accounting officers, a priori, or revision and 
revisal, a posteriori; that his interference with this business, 
so far from being required by law, would be a usurpation 
on the part of the President, which the accounting officer 
w ould not be bound to respect."* 

(6) We have shown that it was usual to pay for casks, &c. 
when demanded. We are now told that it ought to have been 
made a condition by us in the original contract. Suppose A 
should have been in the habit of receiving compensation for 
packages he shipped to B a customer, would A need a speci- 
fic stipulation, to enable him to collect the charge for packages, 
already acknowledged by usage of trade ? It was for the Go- 
vernmenl, then, to say, that they would not in future pay for 
casks and boxes. 

* In additinii to other and weaker reasons against the payment of this item, 
as set up by the accountant department, it was urged, that a ha>- to this claim 
had been recorded, meaning the codicil attached by Mr. Monruc to his gene- 
ral decision of 13th October, IS14. Had the advocates of this bar ieflected on 
the nature of the interdiction, as inserted on the original document, it would 
have been plain to every understanding, that the interdiction was ex post facto, 
and therefore illegal ; my claim for the payment of casks existed with all the 
force of statute law, and the sanction of cotemporaneous dates of contract 
with the one referred to. In this stage of the discussion, the present claimant 
informed the Hon. Mr, Calhoun, Secretary of War, that he had mentioned the 
circumstances to the President of the United States, whose interpretation he 
had requested, as the letter of 13th October, and the interpolation, had both 
been executed by that officer, wiien he was Secretary of War. The President, 
ever anxious to do justice, calls on the Attorney General to give his opinion 
on the case, after carefulli/ examining all the contracts, letters, vsages, &c. &c. 
But the good intentions of the Executive were thwarted, and he was told as 
above stated, and a copy of the Attorney GeneraVs letter was sent to me from 
the War Department. Although the President of the United States, (who, I 
humbly think, is bound to see the laws executed,) could not interfere; yet it 
was plainly admitted in substance to me, that the Secretary of War had 
the authority which wap denied to the Kxerutive. fSee letter of Attorney- 
t^eneral.] 



30 



Report. 



place them in depot, (c) and were allowed the contract price 
per ration, upon a calculation, computing the number of them 
contained in the provisions, thus delivered in the bulk, with- 
out incurring on your part the hazard, the waste, and the ex- 
pense of making the issue ; and you were allowed afterwards 
for issuing these very rations, (that is to say, for performing the 
commissariat part of your duty, which you might have been 
compelled to do under your contract, without charge to the go- 
vernment,) the very liberal compensation of 12^ per cent, 
and one cent a ration on the amount issued, a compensation 
for exceeding the value of the barrels, casks, &c. It cannot 
be questioned, under this view, that the order for deposit, 
without allowing you for the casks and barrels, &c. was far 
more favourable to you, than the order to issue, leaving them 
in your possession. Your supplementary charge, No. 7, 
strongly confirms this opinion ; you charge 12^ per cent. a(id 
one cent per ration, as clear profits on every ration issued, 
while your functions as contractor were suspended by Gen. 
Hampton ; and admitting the correctness of the charge, you 
must allow that the profit on the issue greatly exceeds the 
value of the casks and barrels, Jkc, in which the provisions 
are contained. It is not my intention to censure the actual 
operation under your contract. It no doubt received the di- 
rection which those who had the authority at the time deemed 
expedient ; but it is no less certain that the direction was highly 



■^^ RECEIVED 



MAR 11 1898 




Reply. 31 

(c) Mr. Secretary ('alhoiin is evidently embarrassed in 
his arguments, and his reasoning is founded on a misconception 
of the contract. The moment a deposit was ordered and com- 
pleted, either under the old or new contracts, the United 
States incurred the additional risk and the after expense of the 
new issue or commissary commissions. The only difference 
between the old contracts and that made with the present 
claimant, which difference seems to have escaped the penetra- 
tion of the honourable Secretary, is, that in the contracts prior 
to those of 1812, it was a voluntary act on the part of the 
Government to call for deposits, at fortified places and posts, 
" in such quantities as shall not exceed what is sufficient for 
the troops to be there stationed, for the space of three months ;'* 
but under the stipulation in subsequent contracts for the state 
of New- York and its frontiers, it was obligatory on the Go- 
vernment to order deposits ; but in either case, the United 
States, in transferring the deposit back, was liable to the con- 
tractor for the twelve and a half per cent, and one cent per 
ration. [See last note to this reply, and Mr. Secretary Eustis' 
letter of Nov. 27,1812, page 32, printed document.] " Thus 
dehvered in bulk (continues Mr. Calhoun) without incurring on 
your part the hazard, the waste and the expense of making the 
issue ; and you were allowed afterwards for issuing these very 
rations, that is to say, for performing the commissariat part of 
your duty, which you might have been compelled to do under your 
contract, without any charge to the government.'''' Where the 
Secretary had found in either of my contracts a clause or 
stipulation that would bear such a construction, is a mystery 
to me. Surely none of his predecessors claimed such a con- 
struction. First, he intimates, that the delivery in bulk tnthout 
the hazard and waste of issues " was enough in all conscience ;'" 
" yet you afterwards was allowed for issuing these very rations." 
First, 1 was to deliver in bulk, and second, to issue these very 
rations gratuitously. Now, how could the waste and expense of 
issue be incurred or claimed in the first instance, although it was 
just and proper in the second ? Mr. Secretary Calhoun has con- 
founded the cask and package claim, with the commissariat 
allowance, which I think he did rof mmprehpiul. for he again 



Report. 



Reply. 33 

say;;, " the very liberal compensation of twelve and a half per 
cent, and one cent a ration on the amount issued, a compen- 
sation far exceeding the value of the barrels, casks," &c. " It 
cannot be questioned, under this view, that the order for deposit 
without allowing you for the casks and barrels, &c. was far 
more favourable to you than the order to issue, leaving them 
(the casks) in your possession." The conclusion from all this 
reasoning, although I confess there is great ambiguity in it, 
would be, 1st, that I had received the commissariat allowance 
when the provisions were deposited in bulk without the risk 
and waste of issue ; 2d, that this was compensation enough 
for the loss of the packages ; and, 3d, that when I did issue, 
which the government could compel me to do without com- 
pensation, 1 still received the " very liberal compensation of 
twelve and a half per cent." &c. I am satisfied the true 
merits of the question have not been understood by the Third 
Auditoror the honourable Secretary. They both seem to think 
that I have had an allowance of twelve and a half per cent, and 
one cent on all the rations as contained in all the casks and 
boxes delivered by me to the United States. Now, the casks 
and boxes which I claim were not " left in my possession," or 
emptied of their contents by me, nor has the United States in- 
curred, except when transferred to my successor, the twelve 
and a half per cent., &c. 

It however will be seen, by reference to the contract, 
dated February 25, 1813, tbat I had the right to issue all the 
provision deposited by me, and receive the commissariat al- 
lowance. In that case, the casks would have been left in my 
possession. This waiver of my rights was much to the advan- 
tage of the government, as the campaign could not have been 
prosecuted without the deposit, and the price was lower than 
the subsequent contracts. 

The question then is simply this — that I claim for casks, 
barrels and boxes, which have been captured and destroyed, 
or taken by orders of the government and deUvered to other 
agents ; and if the government have not charged those casks 
and boxes to my successor or agents, it is not my fault — they 
have not allowed me for the casks, or the twelve and a half per 



>;4 Repnrt. 



favourable to the contractor. (</) Against this view it is object- 
ed, 1st, that the value of the casks, barrels, «Szc. has been in ma- 
ny instances allowed, both to yourself and other contractors •, 
and 2d, that it was allowed to a large amount to Mr. Byers, 
by the special decision of Mr. Monroe, then Secretary of War. 
It is a sufficient answer to the first of these objections, to state, 
that the allowance has been confined to provisions delivered 
to officers on the march, and being so confined, weakens the 
claim, for the value of the casks, barrels, &c. of provision/f/aced 
in depot, which is your claim. It is, however, proper, 1 should 
observe, that there is no just foundation, in my opinion, for the 
construction which allows the price of casks and barrels con- 
taining provisions, delivered to an officer to be delivered on 
march. The construction of the contract which allows it, 
was probably originally accidental, without reference to the 
principle which ought to govern. The case is similar to that 
of provisions delivered in depot ; and the reasons presented 



Reply, 35 

cent, commissariat allowance : all these perquisites have been 
given to my successor. 

But my " presumed profits" are to be a set-off to my de- 
mand for the packages. The " actual operation" of the princi- 
ple would be, to deprive A. of his property, on the presumption 
that an equivalent had been rendered, under other articles and 
distinct stipulations of his contract. Can the merchant plead 
that the factor has made favourable commissions, and he there- 
fore will not pay for the packages which contained the goods ? 
Will the belligerent nation plead that the neutral had a free 
and profitable carrying trade, therefore she will not indemnify 
for unlawful seizures and confiscation ? 

(</) " It is not my intention to censure the actual operation 
under your contract ; it no doubt received the direction which 
those who had tlie authority, at the time, deemed expedient; 
but it is no less certain, that the direction was highly favour- 
able to the contractor." 

If the honourable Secretary had calmly taken a retrospect 
of the contracts of more recent dates than mine, when the 
prices had fallen one half on all articles of labour and sub- 
sistence ; and if he has scrupulously examined the direction 
they took, as one loving economy and strict accountability, he 
might still be made to beheve that those executed in war would 
be preferred over those made in times of profound peace. 

But to plead the misfortunes of adventurers and defaulters, 
that have followed the Department since the war, would be as 
unworthy of me, as it would for a just and generous govern- 
ment, to urge the foresight, industry, prudence, and economy 
of a creditor, as a set-off to his just claims. But to the facts. 

The contract price and the commissariat principles were 
fixed in the early part of January, 1813, in full and deliberate 
consultation with the then President, Mr. Madison, Mr. Mon- 
roe, acting Secretary of War, and the then Secretary of the 
Treasury. [See page 77 to 81 of printed documents.] 

Need I appeal to the candour of every citizen conversant 
with the times, to say this was a favourable contract for 
the United States ? need we compare the price, the strict ac- 
countability, of this contract in the state of New-York, with 



,j6 Report. 



against the latter, are equally applicable to the former ; (e) but 
as the practice has been otherwise, I feel no disposition at this 
late period to disturb it. 

As regards Mr. Byers' case, if it were even in point; stand- 
ing alone as it does against the practice of the Department, 
and the fair construction of the contract, it could not be re- 
cognised, particularly as it was made during the period of 
the late war, when there was a great pressure of business upon 
the head of the Department, and consequently very little time 
for due reflection. But 1 do not consider it to be in point. 
It seems to me clear, that the original decision of Mr. Monroe 
was rather upon the equitable claim of Mr. Byers, arising out 
of a previous understanding between him and the Department, 
in relation to his contract ; and, limited expressly as the original 
decision was afterwards by Mr. Monroe himself, there can 
be no doubt but that his object in making the allowance for 
casks and barrels, &c. was intended to cover this equitable 
claim, but whether correctly made, even in his view, it is not 
for me to say. 

Number 3, for barrels and boxes containing provisions cap- 
tured, is analogous to the claim just considered, and as I am 
informed by the accounting officer, though there have been 
one or two instances of small amounts allowed,* that the prac- 

* I reply in the words nf the contract, and exclusive of the admission of the 
Secretary, that captured casks have been paid for by the government ; it must 
be admitted the casks, boxes, Sic. were " necessarily used in transportation." — 
Page 85. 

Sixth. — "That all losses sustained by the depredation of an enemy, or by 
means of tlie troops of the United States, in articles intended to compose rations, 
or to 1)6 issued under the contract, being the property of the contractor, as 
well as in other property necessarily used in transporting the same, shall be 
paid f«r at the contract price of the rations or the component partSy AWD 
nt an appraised value of the other articles.''' 



Reply. 37 

those of the west, the south, or the middle states, either by 
contract or commissary, under any administration ?* Suffice it 
to say, it was to the entire satisfaction of the government ; and 
to speak of " a direction highly favourable" on any ground, 
cither of justice or equity, if the supposiiwn were fact, is not 
to the purpose, nor does it comport with the dignity of the 
United States. 

(c) The principle is admitted by the honourable Secre- 
tary of War himself, that to pay for casks, &c. delivered to 
troops on the march, was in usage and practice, and that the 
case is similar for packages for provision in depot. After this 
admission, needs my claim a greater argument or advocate ? 
If I wanted any other, the general principle is admitted by Mr. 
Monroe in his decision of 1 3th October ; and the codicil after- 
wards made to that decision, cannot act upon me ; it would be 
ex post facto; it can only exclude subsequent contractors. 

" The scarcity of luovision, and consequent enhancer! price, and the difli- 
culty of transportation overland during the war, created great expenfc in 
provisioning the army. But, wherever the commissary system of purchasing 
was substituted for the ront:act, (and in many cases the contract could not 
be obtained,) the cost of a barrel of flour often exceeded, before it was 
issued, fifty dollars per barrel ; thirty cents for the flour rations alone. In the 
"state of New-York, and on its northern and western frontier," the price of 
flour to the United States was from seven dollars and fifty cents to fourteen 
dollars per barrel, or in the average of three years the barrel of flour diri.not 
exceed thirteen dollars, or seven and a half cents the ration; and the whole 
constituent parts of the ration during those periods fluctuated fiom fourteen 
' to twenty-two cents, including transportation to places of deposit, and com- 
missariat allowance for wastage. To places of issue the gener.il cost of 
transpnttatiou did not exceed ten percentage, or two cents per ration on the 
first cost. Now the archives of the war oflii e will show an expense incurred as 
late as 1318 and 1819, of transportation, of fifty-six rents each ration, or 
sixteen dollars and fifly cents per hundred; a ration for the soldier, and 
the materials to contain them, being estimated at 3i pounds each. It is pro- 
per, however, to remaik, that the next year the price was reduced to three 
dollars and fifty cents per hundred, or nine cents two and a half mills per ration ; 
aboutfifty per cent of the original cost of the rations. 



38 Report, 

tice has been not to allow such claims ; I am oi opinion that it 
ought not to be allowed for reasons already assigned. 

Number 7, is a claim for damage sustained in receiving an 
excess of the flour part of the ration from a deposit made by 
Augustus Porter, the previous contractor, and provisions cap- 
tured from the enemy, which were damaged, and which you 
state you were compelled to receive by order of the com- 
mandingGeneral. Against this claim it is objected by the Third 
Auditor, that your agent acknowledged the receipt of the pro- 
visions without mentioning any thing of their being damaged, 
or making objections as to the inequality, as to the flour part 
of the ration complained of; and that they were passed on his 
receipt to the credit of the former contractor, and to your de- 
bit, after deducting 1 2| per cent, for wastage, and one cent per 
ration for issue. Against which you object, that the order of 
General Dearborn was peremptory, and left your agent no dis- 
cretion in receiving them ; and that you protested against the 
order as soon as you were apprized of it, and claimed " suita- 
ble and equivalent arrangements for those sacrifices which you 
had to make in supplying the deficiency in parts of rations." 
1 have turned to the only order of General Dearborn that 1 
can find, which does not appear to me to be any more than a 
request, that Mr. Thome, your agent, should receive the pro- 
visions ; and it appears to me, that his receiving them, under the 
letter of General Dearborn, without making any objection, 
fairly authorizes the contractor to be charged with the same ; 
besides, it does not appear that you have sustained any dama- 
ges by the flour not being in a sood condition. (/) There is 
no evidence to show that the whole of it was not issued. In 
addition to these remarks, I understand by your letter of 15th 
July, 1813, to General Dearborn, that your objection was to 
l)cing called on to fill the deficiency of parts of rations left in 
deposit by Judge Porter, and that your claim for damages was 
confined to that particular. Even were the claim in that view 
to be well founded, it would still be necessary to prove, before 
it could be allowed, that you sustained damage by supplying the 
defickiicy of the parts of rations, and the amount of such dama- 
ges. 



Repli/. 39 



(/) " I have turned to the only order of General Dearborn 
that I can find, which does not appear to ine to be any more 
than a request that Mr. Thorn, your agent, should receive the 
provision ; and it appears to me, his receiving them under the 
letter of General Dearborn, without making any objection, 
fairly authorizes the contractor to be charged with the same ; 
besides it does not appear you have sustained any damage by 
the flour not being in a good condition", &c. 

Messrs. Thorn and Allen both have testified [See pages 156, 
137 and 159] to the damaged state of the flour. Mr. Allen says, 
" Mr. Anderson lost in quantity ; but in quality, it really was 
not worth half-price." 



40 



Report. 



Reply. 41 

The request of the commanding general was, and ought to 
be, sufficient for the contractor's agent to obey. Before me 
now Ues Porter's letter, requesting General Dearborn to issue 
his order ; and General Dearborn's order (for so it is) at foot 
of Porter's letter. Then again, let us follow up General 
Dearborn's order to fill up the measure of this delicieiicy of 
parts of the rations, dated eleven days afterwards, and subse- 
quently my letter of July 15th, page 25. And then let any 
man say, if the times, the critical situation of the army, or a 
proper sense of what was due to subordination, or the will of 
the commanding general, could have permitted me or my agent 
to act in disobedience. 

(COPY.) 

Fort George, June 14, 1013. 
Sir, 

I have on hand at different places on this frontier, viz. at 
Williamsville, Buffalo, B. Rock, Manchester, Fort Niagara, 
and this place, the following articles, composing the rations, 
which 1 wish to deliver over to the government as deposits un- 
der my contract, to wit : 

105,266 rations meat, 
•:^ 344,743 do. flour, 
250,760 do. whiskey, 

6,000 do. soap, 
458,760 do. candles, 
9,500 do. vinegar. 
You will, sir, have the goodness to make an order for the 
receipt of these articles. 

And oblige, sir, 

Your humble servant, 
(Signed,) Augustus Porter. 

Maj. Gen. Dearborn. 

Mr. Thome, 

Sir — You will please to receive the within specified 
articles on account of the United States. 
Yours, with respect, 

(Signed.) H. Dearborn. 

Head Quarters, 
Keioark, \Mh June. n\'5. 

C 



42 Report, 



(g) Number 8. Amount claimed for damages which you al- 
lege to h;ive sustained by not receiving in due time balances 
reported in your favour, under your contract of February, 
1813. I learn, on inquiry, that there are no instances in which 
interest has been paid in similar cases, and as the general 
principle of not allowing or receiving interest in the settlement 



Reply. 43 

Head Quarters, Niagara, Jun« 26, 1813. 
The Contractor or Agent, 
Sir, 

You will, without delay, take effectual measures 
for having a supply of pork and other articles now on hand 
necessary to complete the rations, transported from the near- 
est deposit by the contractor, or the public teams, to this place 
by land. 

(Signed,) H. Dearborn. 

The contract did not require the contractor to receive these 
provisions even in equal proportions of the component part of 
rations ; hence it would follow that the requisition to my agent 
" was not authorized by the contract," and Secretary Craw- 
ford's decision expressly provides the remedy : he says the ac- 
counting officer shall allow " all claims, arising from loss sus- 
tained by requisition not authorized by the contract." The 
government (perhaps to secure an otf-set to advances made to 
a previous contractor) found it prudent to receive the rations 
in unequal parts, there being an excess of 306, 333 flour rations. 
The damage I ask, is plainly seen to be the ditference between 
the price the United States paid, and the price charged to me, 
viz. 3^ cents each. Suppose the government had determined 
by a violation of contract, to supply all the flour rations and 
compel me to deliver the other component parts, would not 
justice and equity, \{ I eveii consent to this violation, give me 
the difference between what they paid and the amount charged 
me ? This is the rule when the contractor is in default of sup- 
ply : the United States purchase the rations, charging the con- 
tractor with the purchase price, and crediting him at the con- 
tract price. Evidence is on tile, of the want of store-houses, 
and the damaged state of the provisions. [See this case, page 
154.] 

{g) Numerous cases are on tile of the Department as to the 
payment of interest. Mr. Cheever, my successor, received 
gl5,000 interest, Mr. Piatt received on his settlement g 12,000 
for premium and interest, &c. &c. The Secretary, however, 
refers this to Congress. [See my remarks, page 127 — docu- 
mentSjpage 101 to 131.] 



44 Report. 

of government accounts, is fully established, and has been in 
operation since the commencement of the government, I do 
not feel myself authorized to extend it to any case not fairly 
authorized by well established precedents. In this case, the 
reason why the balances were not paid, appears to be that 
there was no appropriation made by Congress ; and as the 
damage, whatever it may be, which you may have sustained, has 
resulted from the omission of that body to meet your claim in 
due time, I am of the impression that the subject is within the 
sphere of its jurisdiction only. 

(A) Number 9. Amount claimed for damage in consequence 
of the augmented price of the whiskey part of the ration, as 
you allege, in consequence of the duty on licenses for stills. 
Whatever damage you may have sustained under this head, 
has resulted from the act of Congress, and it belongs to that 
body only to determine whether any remuneration shall be 
made. 

(/) Number 2. In a supplementary report, is the amount charg- 
ed for damages on two bills of exchange, drawn by you and 
protested by the Department. I consider this as decided by the 
then Secretary of War, who, in his letter to you of the 31st 
October, 1 814, informed you that it was impossible to pay 
your drafts until a final settlement of your accounts; af- 
ter this decision, I cannot, at this distant period, enter into the 
question, whether the then existing usage, or any other cir- 
cumstances connected with your contract, authorized you in 
drawing without the assent of the department. Under the old 
contract system, it was considered prudent not to advance on 
the last quarter's supply, or at least on a large portion of it, 
and not to pay until the final adjustment of the account. It 
was certainly prudent to retain in the hands of the government 
a sufficient sum to enforce a settlement of accounts, and to meet 
any claim of damages which the government might have against 
the Contractor. As far as I am informed, such was the prac- 
tice. Thus, in the case of Mr. Cheever, your successor, although 
he received a large amount during the last quarter, still, on the 
settlement of his contract on the 12th of January, 1816, more 
than scTen months after the termination of his contract, there 



Reply. 4S- 



{h) The rise in the price ot' whiskey is estimated by re- 
spectable distillers at 20 cents per gallon, which would be the 
real damage ; but I have estimated it, by the official returns of 
1815, and revenue of 1814, at 14^ cents. The actual rise after 
the contract was made, and on the immediate passage of the 
law, July, 1813, was upwards of 25 cents per gallon. 

(t) " I consider this as decided by the then Secretary of 
War, who, in his letter to jou of 31st October, 1814, inform- 
ed you it was impossible to pay your draft until a final settle- 
ment of your account." 

I have so fully answered every objection to this claim in my 
appendix, page 3, that I could not suppose any other reason 
could possibly exist. I think I have shown conclusively, that he 
claim is much stronger than that which called for the general 
decision of Secretary Crawford, of 27th January, 1816. " To 
allow all claims supported by evidence of loss, sustained by 
payment of interest and damages, in consequence of the de- 
partment being unable to make the necessary advances^ 
What were the ' necessary advances ;' the amount required 
for the disbursement of each quarter predicated upon s?a/e- 
weni^, or the actual issue of the preceding quarter ; this was 
the usage and this was the law under the " old contract sys- 
tem," and which obtained for the gowevwrneni favourable con- 
tracts. A letter from the department, forbidding me to draw 
" a priori," could not impair my rights, for it was expressly 
provided for by my official note at the time of making the 
contract, exclusive of the usage and direction of government, 



46 Report. 

was found due to him the sum of $251,983 26. The case of 
Mr. Piatt, to which you refer to support this claim, is distin- 
guishable from it in several particulars, and among others, that 
the drafts on which the damages were allowed, were drawn by 
previous assent or arrangement of the Department. 

Numbers 3 and 4. Supplementary. Thisclaim, in its nature, 
is analogous to the last, and the reasons which apply to it, ap- 
ply with equal or greater force to this. 

Numbers. Supplementary. Damage for discount on treasury 
notes. This charge is not admissible by the Department, and 
is of such a nature that it can only be acted on by Congress. 

(A:) Number 6. Supplementary. Claim for transportation of 
flour and whiskey, from Alexandria, over land, to New- York, 
during the blockade. The claim is not provided for by the 
contract, nor do 1 think there is any equitable foundation for 
it. It is not improbable, that on entering into the contract, 
you may have had in view the flour and whiskey markets of 
Alexandria, and with the advantages of the transportation, by 
water, to New- York; but I cannot imagine that the hazard of 
blockade, and thereby the loss of the cheap and easy mode of 
transportation, by water, should be the loss of the government, 
and not of the Contractor, unless expressly stipulated for in 
the contract. 

(/) Number 7. Amount charged for damages on account of 
General Hampton's forbidding you to issue provision to the 
troops in the summer of 1813. This claim being in part al- 
lowed, has of course been recognised as resting on just grounds. 
The question, then, isonly as to the amount of damages. You 
claim 12i per cent, and one cent per ration, amounting to 
^14,343 75 on all the provision issued during the suspension, 
and have been allowed the 1 2i per cent, amountingto g9,843 75. 
You now claim one cent per ration on the number issued. I 
understand the greater part of the rations issued, for the period 
in question, were from the public deposit, so that the question 
of profit on the purchase of provisions is in a great degree ex- 
cluded, and the only one left is upon the profits of the issue. 
Thus viewed, although it may be uncertain what extent of 
damage you actually sustained, by the loss of the issues, yet it 



Reply. 47 

" to draw as I make my purchases." To plead a letter in bar of 
my demand, written'by the head of the Department, subsequeni- 
ly to the reception of the drafts, is preposterous, and is adding 
insult to injury; it is telling me, after the damages were incur- 
red, we advised you. The fact is, the drafts were made five 
days previous to the date of Mr. Monroe's letter of 31st Octo- 
ber. 1814, and yet this is the defence set up. 



{k) It was previously stipulated that I should resort to their 
markets for flour and whiskey, and the government interfered 
\ni\\& whole shipment by watery the " shipment by small par- 
cels" could not be effected. [See opinions on this case, page 
136 and 137, and appendix, page 13. J 



{I) " Yet it is manifest, the damage must be much less than 
you claim, and probably considerably less than that which has 
been allowed." 

It is certain, that two assertions without evidence will not 
make one fact. The damages were estimated at the time by 
certificates at ^20,000 ; and as before observed in the Appen- 
dix, the government assumed the ratio of damages to the ex- 
tent of the allowance under the contract of issue, " l^j per 
cent, and one cent for each ration ;" yet I am now told, the 
first allowance probably exceeded the damage. Can we es- 
timate the damages for slander, or for loss of credit, by our 
bills being dishonoured ? It is the law of merchants that re- 
gulates the latter, and a jury of our country the former. In 
the case of arbitration by the United States v. Messrs. John- 
son, it was decided, that the government, doing or executing a 



48 Report. 

is manifest that it must be much less than the amount jou claim, 
and probably considerably less than that which has been allow- 
ed. Your claim goes upon the ground, that the one cent for is- 
sue and 1 2i per cent, for wastage, kc. are clear profits, and make 
no allowance for the hazard, cost, and wastage, which must 
always attend the issue of provisions, to cover which, and to 
allow a reasonable profit, 1 2J per cent, and one cent a ration 
are allowed to the contractor for issuing, on which, in this case, 
your damage on the loss of the issuing ought to be limited to 
the profit only. 

Number 8. Supplementary. Amount of claim for value 
of beef hides captured. The hides were the property of the 
Contractor, and consequently the government is not responsi- 
ble, (m) 

Number 9. Supplementary. Claim for allowance of 12i per 
cent, for leakage and wastage, and one cent for issue, for pro- 
visions issued to troops descending the St. Lawrence. In no 
view, which I can take of this claim, does it appear to me to be 
well founded. If the provisions were drawn from depot pla- 
ced on board the public boats, it is manifest that the contractor 
has already been allowed the amount claimed ; but if they were 
provisions from the contractor's own stores, it is equally clear 
that he was entitled to a credit only on the issue of the provi- 
sions, without any allowance for wastage or leakage, or one 
cent per ration for issue, (n) The Second Comptroller is fur- 
nished with a copy of this communication. The enclosed is a 
list of papers accompanying your claim, herewith returned to 

you. 

I am, Sir, 

Respectfully, 

Your obedient servant, 
(Signed) J. C. Calhoun. 

E. Anderson, Esq. 



Rephj. 49 

contract without the consent of the coiitiactor, chd not deprive 
him of his full right and demand, although he did not perform 
the duty. 



(/n) The hides being the property of the contractor, the 
question now is, were they necessarily used in transporting the 
rations ; and if so, is not payment expressly provided for by the 
6th article of the contract. 



{n) I have staled the facts to my own knowledge in my 
Appendix, and need not repeat them here. Now, what is the 
inference from the Hon. Secretary's observations ; let them be 
answered by the general article of the contract. 

1st — " That for all rations required within the enemy's ter- 
ritory, the price of the ration shall be augmented in proportion 
to the expense of transportation and issue in the enemy's 
country." 2d — And when deposits are ordered, [in this in- 
stance, being on board of boats,] and issues made from such 
deposits, E. Anderson shall be called upon, and be allowed the 
12^ per cent, and one cent for each ration. The Comptroller 
had suspended this claim for further consideration, and it was 
not referable to the Secretary'' s decision, 

I cannot conclude without making my apology to the Com- 
mittee of Claims, and members of both houses of Congress, 

D 



50 Reply. 

for the trouble I may have given them in requiring them to 
read this hasty and imperfect reply. I had once thought that 
the arguments had been exhausted, and that my replies to the 
objections raised by the Third Auditor, as printed with my other 
documents, would have proved satisfactory to every unpreju- 
diced mind. To defend myself against the combined talents 
of the War and the Auditor's departments, was scarcely to be 
expected ; yet I cannot have abetter opportunity than the oc- 
casion affords, to tender my acknowledgments to the ho- 
nourable Secretary of War, for his prompt condescension in 
taking my cases under his charge, and making a written and 
formal report on my claims, especially as it has been a matter 
of usage with that high officer to notice claims in ordinary, by 
the words " allowed" or" disallowed." That my case should 
call for so much argument and ingenuity, so much labour and 
talent, from that able officer, who had so many other and more 
important functions to attend to, is an evidence of the interest 
excited by my claims ; and is matter of congratulation to my- 
self, in as much as it has given to me, an humble and unpre- 
tending citizen, the power to set my rejoinder by the side of 

the honourable Secretary's report. 

Er.BERT Anderson 



jS'ote. — " II is not the intention of the Hon. Secretary to censure," &;c. He 
only meant that a contrast might he drawn between the economy, great 
savings, and accountability of the present system, and that which was fol- 
lowed under his predecessors. It is proper, therefore, that the nation should 
distinctly understand the nature of stjict accountability and economy in the 
Provision Department of the Army; and, I trust, the task will not be difficult 
to show, that the Hon. Secretary has deceived himself as to the policy of the 
former administration, as well as to the rights and duties of the contractor ; 
his misconception on this head being so apparent, that it has led us to believe 
that the stipulation and covenants of the contracts, and particularly of that of 
25th February, 1813, have escaped his recollection. In our defence it there- 
fore becomes necessary to recapitulate, and we can show the representatives 
of the people that our contract was economical for the nation, that the admi- 
nistration stands justified, and that the only admirable feature of the present 
system is the specific contract for provision in deposits or magazines at each 
post ; which principle originated with the claimant, (see E.tpose, page 77,) anil 
was introduced fully by the government in the contracts referred to. The sim- 
plicity of disbursement, the accountability and economy in the details of issue 
and commissary duty, can easily be shown to those who have the disposition 
and inclination to investiaate them. 



Reply. 



51 



Pieviously to the war tlic army and troops of tlie United States were furnished 
with rations, delivered and issued at specific prices, and at the individual risk, 
expense, &c. of the contractor, but without the hazard of laying in large 
magazines for contingent supplies or military movements. If the United States 
called for larger deposits than the current issue, or convenience and interest of 
tlie contractor required, they could only order magazines at "fortified places," 
or where an army was in fact to be stationed. When deposits were made ac- 
cordingly, the United States could issue by agents ; but they could not call on 
the contractor to take a new risk, and expense of issue, by assuming a large 
mass of provisions at gross weight and measure, and compelling him to issue 
to a thousand difterent drafts and orders ; they, therefore, found it their interest 
to allow the contractor, by a subsequent agreement, twelve and a half per 
cent, and one cent for each ration, and this rule was as old as the government. 
It was this difticully of ordering deposits of supply, and issue from deposits, in 
the first stages of the war, that created embarrassment to the commanding 
general, who could not order a deposit where an army was not stationed, al- 
though secrecy and expedition required the provision before tlie troops were 
mustered. If tlie commanding general assumed the powers of commissary 
general to purchase, he was sure to pay a much greater price than the con- 
tractor. The celerity of military movement, so essential to success, depended 
on the talents and resources of the contractor, and if the commanding officer 
persisted in purchasing in any contract district, the consequence was imme- 
diate ruin to the incumbent contractor, and greater expense to the United 
States. Hence it was suggested to the government to modify the system to 
meet a state of war, and in the interim between the old and new sontracts, 
to request the contractor for the northern frontier to purchase and lay up de- 
posits and magazines.* (Letter below.) It never was pretended that the con- 
tractor, who should volunteer his services to lay up such large supplies at the 
1 educed price of the contract, (only thirteen and a half and fourteen cents 
each ration,) should be bound to receive them back, and issue them without a 
new and subsequent agreentcnt. 

A distinct understanding entered into the merits, and made a part of the 
contracts of 25th February, 1313: that the United States should call for de- 
posits, and should call on the contractors to issue from such deposits, with the 
allowance of twelve and a half per cent, and one per cent, for each ration, as 
mentioned in the contract. Thus was a perfect system of accountability, and 
a cheap and efficacious mode of supply, secured within the state of New-York 
and its frontiers. This was a civil contract, at a specific price, and a civil 
commissariat, with allowance fixed by known rules of law. So simple \vas the 
change and charge of deposits from the United. States to the contractor, that 
the accountant department never wanted to inquire after the ptovisien ; the 

* War Deparlmenl, January Slh, 1812. 

Sib, . . 

As some new arrangements are required in the Provision Department of 
the Army, 1 request you would be pleased tO repair to the scat of govern- 
ment as soon as may be. 

(Signed) 

■\Vm. Eustis-. 
E. Anderson, New-York. 



52 



Replij, 



monpy price of the ration, with the gross araovint of the deposit, was so much 
money jiaid to the contractor. 

But a military commissariat or accountability is a very different affair. The 
United Slates may conliact for the ration, or its constituent parts, (as is now 
done,) at a specific price, or wait the contingencies of demand, and authorize 
the general agent to purchase whatever he wants, or wherever he can find. In 
this case an accountability is incurred for the disbursing fund, and next the 
provisions are to be traced through all the ramifications of deputy commissaries, 
quartermasters, teamsters, &.c. and this miiilnry accountability for the provi- 
sions in kind is attended with great sacrifices and losses to the government. 
Thus under the present system the agent has no interest in the safekeeping 
of the provision; the United States are the sufferers ; the issuing officer is ex- 
empt, his vouchers of casualties bein^ his discharge. And although he re- 
ceives regular pay and rations, he has a contingent allowance for leakage and 
wastage, varying according to the will of the department. They order this 
differently in other governments; issuing commissaries have fixed rules of pa^', 
and determined rales of allowance. 

In the civil contract system adopted by the government in the state of 
New-York, no failure took place ; the price of the ration and the commissariat 
allowance was fixed by rule of contract ; if the contractor was to make 
a fortune, it was like all other mercantile hazards and contingencies. In cases 
of deficiency, condemnation, or failure of supply, the surety was good, the 
responsibility simple, and llie guarantee ample ; the commanding ofiicer could 
purchase and issue at a given price, and the contractor was accountable 
for any difference. 

In the military purchase, failures did take place; the rise and fall of the 
markets was a matter of indifference to the commissaries, (and the compe- 
tition of the agents of the government does produce an immediate rise and 
apparent scarcity,) no losses or casualties in the movements of the troops 
on land or water are chargeable to them; the responsibility is so divided 
and subdivided, that it is lost in the hurry of a military movement. 

Both systems have been tried in peace, and in the critical times of revo- 
lutionary war; the preference was given to the contract. And where the 
commissary has been substituted on the frontiers, in our wars with the In- 
dians, it generally has broken down; and even when sustained by the vigour 
and talents of General Jackson, the soldier has suffered great privations. 
If the soldier receives half a ration, his murmurs are stifled by military dis- 
cipline, under commissary purchase. Under the contract, the officer purchases 
the deficiency, and throws the llame and loss, as it ought to he, on the 
contractor. The true gliifefence \n expejise can easily be shown by refer- 
ence to the public ijijc'umelrits, t?kpp ftt a Se^es of years, the actual cost 
of subsistenco with, ttfe £^vfiia^,p;-ice, o^6t(J^is>So, and the number of men 
supplied. // \V 



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MAR 11 1898 
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